Background
In the past, Canadians with life threatening or severely debilitating diseases have had access to marihuana through a special provision in the Controlled Substances Act known as a section 56 exemption from prosecution. Because the process was not transparent and could be applied in a different manner to different people, the Ontario Court of Appeal struck down Canada’s marihuana laws altogether. New regulations regarding medical access to marihuana were enacted in July of 2001 to clarify and make transparent the process to gain access to marihuana for medical reasons. The new regulations do not make it easier to gain access to medical marihuana than the section 56 exemption did. Rather, the new regulations simply outline the process for gaining access to medical marihuana so that it is clearer and less arbitrary than previously.

Safety and Efficacy or "Does it Hurt and Does it Work?"
There has been little research done on the safety of marihuana or on the benefits that might be derived from it. Given the wide use of marihuana in our society and the fact that no deaths have been attributed to it at all (unlike alcohol or tobacco), it is reasonable to assume that smoking marihuana is relatively safe.

There is a large body of anecdotal evidence that suggest that marihuana is extremely effective in relieving a variety of symptoms related to HIV infection, AIDS and to their treatment including relieving pain and nausea, and increasing appetite to reverse or halt wasting. Recent clinical evidence has also found that marihuana does not interfere with the effectiveness of highly active anti-retroviral therapy.Short-Term Safety of Cannabinoids in HIV Patients (Poster 744) Authored by D. Abrams, R. Leiser, S. Shade, F. Aweeka, B. Bredt, T. Elbeik, J. Hilton, and M. Schambelan & The Pharmacokinetic (PK) Effects of Marijuana (THC) on Nelfinavir (NFV) and Indinavir (IDV) (Poster 745) Authored by B. Kosel, F. Aweeka, N. Benowitz, S. Shade, R. Leiser, A. Jayewardene, J. Stone, P. Lizak, and D. Abrams at the 8th Conference on Retroviruses and Opportunistic Infections, Chicago: 2001.

Marihuana has the potential to relieve symptoms and improve the quality of life for people living with HIV/AIDS. For this reason, the Canadian AIDS Society supports the right of people living with HIV to choose it as an alternative health measure without fear of criminal prosecution.

The New Regulations or "How I Can Gain Access to Medical Marihuana?"
There is an application package you must fill out in order to have legal access to marihuana for medical purposes. This package can be obtained by contacting the Office of Cannabis Medical Access (OCMA) at:

Office of Cannabis Medical Access Drug Strategy and Controlled Substances Programme Healthy Environments and Consumer Safety Branch Health Canada Address Locator 3503B Ottawa, Ontario Canada K1A 1B9

For general inquiries the office hours are: 9:00 AM to 5:00 PM - Eastern Time Monday to Friday

Telephone: (613) 954-6540 or Toll Free: 1-866-337-7705 Fax: (613) 952-2196 E-mail:

The package can be downloaded directly from their website at:

There are 5 main forms:

Form A: Application for Authorization to Possess Dried Marihuana
Form B: (B1, B2, B3) These are the medical support forms that are filled out by your health practitioner(s).
Form C: Application for Licence to Produce Marihuana by Applicant (for growing yourself)
Form D: Application for Licence to Produce Marihuana by Designated Person (for the person you choose to grow for you)
Form E: Consent of Property Owner - Form E is applicable if you are a tenant in a property owned by someone else.

Which Forms Do I Fill Out?
There are three categories of people who can apply for possession of marihuana for medical purposes. Most people living with HIV/AIDS fall under category 2, where AIDS and HIV infection are specifically named. This means that the medical form (Form B2 for people living with HIV) of the application to possess medical marihuana must be filled out by a medical specialist, even if you receive your health care from a general practitioner. People who have an AIDS diagnosis may fall under category 1, which can be filled out by a General Practitioner and is a less demanding process. Category 1 is for people who have a terminal illness with a prognosis of death within 12 months.

• If you are only applying to possess dried marihuana for medical purposes, only forms A and B must be completed.
• If you are applying to both possess and grow your own marihuana for medical purposes, forms A, B, C, (and E, if applicable) must be completed.
• If you are applying to possess dried marihuana for medical purposes and would like another person to grow the marihuana for you, forms A, B, D (and E if applicable) must be completed.

The application form must be accompanied by two passport sized photographs, to be used on an identification card issued to applicants who have been authorized to possess marihuana. The card can be shown to a police officer as evidence that you are permitted to possess marihuana.

Next Comes the Waiting
Health Canada will acknowledge receipt of the application within ten days of receipt and will indicate if any of the required information is missing. Applications from patients with terminal conditions will be given priority for processing. Processing time for the application will vary depending on the nature of the applicant's medical condition, and whether all of the necessary information has been received. Applicants who are approved will be notified in writing. The process can take a few weeks to a few months depending on the number of applications being processes, whether you have filled out all the necessary forms correctly and which category you fall under. Applicants under category 1 are the highest priority.

What About Caregivers?
The caregiver of a person who has authorization (a permit) to possess marihuana for medical purposes can legally possess a small quantity of marihuana. The amount has to be less than the recommended daily dose for the person who holds the permit and can only be possessed for the purposes of administering it. The caregiver need not be an official person such as a doctor or nurse, but may be a more informal caregiver such as a partner or family member. None the less, caution and discretion are advised.

What About Prisoners and People with a Criminal Record?
The new regulations state: “As is the case for hospitals, the decision to allow an inmate to possess and/or grow marihuana within the penitentiaries, jails and other correctional institutions remains the decision of that institution”Medical Marihuana Access Regulations, Canada Gazette Part I: April 7th, 2001. People living with HIV/AIDS in prison are free to apply for medical access to marihuana, but they are likely to encounter some difficulty in accessing it even if the permit is granted.

People with a criminal record for any drug related conviction within the last 10 years cannot be issued a license to be someone else’s designated grower. A person with a drug related conviction is still free to apply for medical access to marihuana and for a license to produce their own marihuana.

Compassion Clubs
There are a number of Compassion Clubs in Canada who will provide marihuana for medical purposes to people authorized by their doctor or health professional. Different clubs have different application rules so you should contact the club in your area for more information. These clubs will often ship supplies to people as well which is very handy for people in rural communities or with reduced mobility.

The following is a listing of compassion clubs in Canada. The list is not exhaustive.

British Columbia Compassion Club Society
2995 Commercial Drive
Vancouver, BC
V5N 4C8
Tel : (604) 875-0448
E-mail: info@thecompassionclub.org
Web site: http://www.thecompassionclub.org/

Cannabis As Living Medicine (C.A.L.M.)
Toronto, Ontario
Tel: (416) 367-3459
E-mail: info@cannabisclub.ca
Web site: http://www.cannabisclub.ca/

Cannabis Buyers’ Club of Canada
Locations in Victoria and Coombs, British Columbia, as well as Halifax, Nova Scotia
Store hours: Mon-Sat 11am-6pm, Sun 12pm-6pm
Tel: (250)381-4220 on the west coast
(902)497-3941 on the east coast
E-mail: Scott Johnstone: scott@cbc-canada.com (Webmaster)
John Cook: normlns@hotmail.com (Director of Halifax outlet)
Web site: http://www.cbc-canada.com/

Club Compassion de Montréal
68 Rachel Street East, Montreal Quebec, H2W 1C6
Tel: (514) 521-8764
Fax: (514) 845-0263
E-mail: contact@marijuanahomedelivery.ca
Web site: http://www.clubcompassion.org/

Hemp Users Medical Access Network
Toronto, Ontario
Store hours: Tues-Wed-Thurs-Sat 12pm-6pm; Fri 12pm-7pm
Tel: 416-253-1021
Fax: 416-253-1428
E-mail: info@humanhemphealth.ca
Web site: http://www.humanhemphealth.ca/

Krieger Foundation
PO Box 85055, APPO, Calgary, Alberta, Canada, T2A 7R7
Tel: (403) 235-1244 Fax: (403) 770-8131

Branches:
Alberta
Airdrie (403) 912-9167
Calgary (403) 272-5204
Edmonton (780) 432-0827
Hanna (403) 854-1214
Lethbridge (403) 328-4264

Saskatchewan
Regina (306) 359-0357
Saskatoon (306) 668-3941

Manitoba
Winnipeg temporarily closed

Ontario
Kenora (807) 467-8651
E-mail: postmaster@kriegerfoundation.com
Web site: http://kriegerfoundation.com/

Marijuana Compassion Club of Windsor
Windsor, Ontario, Canada
Tel: (519) 971-9409
Hours of operation: Mon-Fri-10am-4pm
E-mail: mccw@daweedking.com
Web site: http://www.daweedking.com/medicalmarijuana.html

Marijuana Home Delivery
68 Rachel Street East, Montreal Quebec, H2W 1C6
Tel: (514) 521-8764
Fax: (514) 845-0263
E-mail: contact@marijuanahomedelivery.ca
Web site: http://www.marijuanahomedelivery.ca/

The Mid-Island Compassion Club
( formally The Coombs Club )
Vancouver Island, B.C.
Po. Box 621 Coombs, B.C. V0R1M0
Tel: (250) 954-0363
E-Mail: MidIslandCompassionClub@Shaw.CA
Website: www.Members.Shaw.CA/MidIslandCompassionClub

Mobile Access Compassionate Resources Organization Society
(M.A.C.R.O.S.)
Box 126 Edmonton Main, Edmonton, Alberta, T5J 2G9
Tel: 780-457-6824
E-mail: admin@macros.ca
Web site: http://macros.ca/

National Capital Compassion Society
Applications for the club may be picked up at Crosstown Traffic, 593-C Bank Street,
Ottawa, Ontario.
Tel: 234-1210
E-Mail: nccs@bellnet.ca or NCCS@magma.ca


Nelson Cannabis Compassion Club
602 Josephine St., Nelson, British Columbia, V1L 1W9
Tel: (250) 354-4206
E-mail: nelsoncompassion@yahoo.ca
Web site: http://community.netidea.com/compassionclub/

remarcable foods
Marijuana Party Constituency office c/o - remarcable foods, 1544 E Pender St,
Vancouver British Columbia, V5l 1W1
Tel: 604-801-5555
E-mail: info@remarcable.ca
Web site: http://remarcable.ca/

Toronto Compassion Centre
RPO #19630, 55 Bloor Street West, Manulife Building, Toronto Ontario, M4W 3T9
Tel: 416-931-8776
E-mail: postmaster@torontocompassioncentre.org
Web site: http://www.torontocompassioncentre.org/

Treating Yourself Medical Marijuana Club
Canada
E-mail: weedmaster@treatingyourself.com
Web site: http://www.treatingyourself.com

Vancouver Island Compassion Society
Box 130, 2017A Cadboro Bay Rd., Victoria, British Columbia, V8R 5G4
Tel: 250-360-8955
E-mail: info@thevics.com
Website: http://www.thevics.com/

Internet Resources
Websites on medical marihuana include:

http://www.hc_sc.gc.ca/hecs_sesc/ocma/index.htm: Health Canada’s site on medical access to marihuana where you can download the forms and a user’s guide.

http://www.medicalmarihuana.ca: A website run by teacher Wendy Little and web designer Eric Nash, with information on where you can find a designated grower in your area, how to apply for medical marihuana, discussion forums, and other interesting information on medical marihuana in Canada.

http://www.cdnaids.ca: The website of the Canadian AIDS Society where you can find our position statement on access to medical marihuana for people living with HIV/AIDS and advocacy updates on the issue.

http://www.thebody.com/treat/marijuana.html: Give an overview of recent articles on medical marihuana, research, legislation and editorials from around the world.

http://www.erowid.org : An online library of information about psychoactive plants and chemicals and related topics. The information on the site is a compilation of the experiences, words, and efforts of hundreds of individuals including users, parents, health professionals, doctors, therapists, chemists, researchers, teachers, and lawyers. Erowid acts as a publisher of new information as well as a library for the collection of documents published elsewhere. The information found on the site spans the spectrum from solid peer reviewed research to fanciful creative writing.

Acknowledgements
The Canadian AIDS Society gratefully acknowledges the input of the producers of the www.medicalmarihuana.ca website, Wendy Little and Eric Nash.

Portions of this fact sheet are taken with permission from the http://www.medicalmarihuana.ca website.