Disclaimer * The following is not legal advice * / Canadian adults are now legally allowed to grow 4 plants at home
With the new laws allowing each household across Canada to grow 4 plants (minus Manitoba and Quebec), folks are now wondering where to get their start up supplies.
Unfortunately at the time of this article, there are no cannabis producers selling start up materials (like seeds, or clones). Because of this, there is technically no legal source of starting materials.
Or is there?
An article from StarMetro Edmonton recently featured a medical homegrower from Spruce Grove, AB. He says he's allowed to gift plants under the Cannabis Act when he can - up to 30 seeds at a time
Over at The Leaf News, Ask Herb inquired with Health Canada's media relations team to get a clear answer:
The limited sharing of cannabis for personal use between individual adults is definitely permitted. An adult can distribute up to four cannabis plants to another adult, provided the plants are not flowering, or have buds on them. Ditto for legally-obtained cannabis seeds, which can be shared up to 30 at a time.
This was the formal response from Health Canada's spokeswoman Tammy Jarbeau, but she also included this:
The government program that allows medical cannabis users to grow their own is meant only for that individual's own medical needs. Under this system, it would not be expected that registered individuals would routinely have excess cannabis that they would be able to share on a large-scale or continual basis.
That's heavy. In other words: if Health Canada finds out that a licensed personal medical cannabis cultivator shares a large amount of seeds and/or clones often, they may look into whether that person needs all those plants, leading to a possible revocation of their license.
Herb pressed Health Canada for a more definitive answer: is the sharing of legally obtained cannabis starting materials between a personal medial grower, and a would-be personal recreational grower legal? (Assuming there is no compensation, financial or otherwise)
Health Canada cannot speculate on whether or not the situations presented are in compliance. The regulator, deals with this kind of thing on a case-by-case basis
A second opinion was fielded from Tina Fraser, a Canadian Cannabis lawyer:
There is nothing in the Act or its regulations expressly prohibiting a medical cannabis patient from sharing on the terms you have set out,. Health Canada's response implicitly admits this. I have warned that I still believe these activities could impact upon a person's personal production registration and it seems that this is the approach that Health Canada is taking.
During this grey and murky time in legal limbo, you are probably compliant with the Cannabis Act and its regulations so long as you follow a few rules:
Got more questions about growing cannabis in Edmonton?
Or just growing marijuana for recreational purposes in Canada?
Visit Saj for more info, located on 118 ave and St. Albert trail in the Sherbrooke area - open untill 7pm Monday to Saturday.
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