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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2415
Experience:  25 years in practice
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I have a question about the legality of starting a mail

Customer Question

I have a question about the legality of starting a mail order medical cannabis "edibles" business in Canada. I have a prescription and the person I'm interested in working with also has a current prescription.
Submitted: 2 years ago.
Category: Canada Law
Customer: replied 2 years ago.
Hi there, I am applying for the Self Employment program in Victoria, BC, administered by the Reger Group. I see a market opportunity in the medical cannabis industry and I pitched the idea to Reger--I was surprised to hear that they are supporting the idea for further assessment...Reger already called their Ministry contact and the Ministry didn't say no either. What I have found out so far is that it is legal to mail medical cannabis. I want to give myself the best chance of getting accepted into the program. As a holder of a prescription, am I allowed legally to make and mail products and am I allowed to also sell to dispensaries and compassion clubs? I really need to know what would satisfy the Ministry in order for them to fund this. Is this kind of business a cash only business--I've seen that some compassion clubs get "donations" from their customers. The ministry wouldn't go for that I'm sure. But I'm amazed neither Reger or the Ministry said no right off the bat....I also saw that Health Canada has limited oil and butter, if people are selling it just as the oil, to 30 mg of THC per "serving" (but there is nothing about levels of the other cannabinoids). Would I be allowed to make the oil stronger than that if I intended the product for sale?
Expert:  Tom B. replied 2 years ago.
I have seen your question lingering and have scratched my head about it as a Victoria lawyer myself.
The only true answer is to take no steps at all without personal legal advice AFTER the next general election.
I have advised people in your situation an no one likes what I have to say :( The laws is going to remain the same or significantly change very shortly.
From a business standpoint, I would not invest now at all. The existing regulations are unclear and the law could change on a dime in just months. Already you do not know where to turn and it is going to get worse in my opinion.
I worry about people who invest in growing and not in R&D. My wife is a chemical engineer and no one wants one on the payroll to prove scientifically that any concoction does what is professed. Everyone just wants to grow which is a bad business decision. No one wants to back up claims with science.
Therefore, if all weed becomes decriminalized, the growers could lose their shirts if they have no science. That means professional scientists not lay people playing with dosage amounts.
I can't advise on the law because it is going to change and soon no matter what. From a business perspective, I advise everyone to wait and not invest at all right now.
Of course I defer to your own business and legal advisers but, in my opinion, investing time, energy, and money is not prudent today unless you have a science lab and a business plan to overcome whatever Health Canada will be directed to do very shortly.
Your question even asks for an answer from a chemist who understands current regulations. I have advised many that they need a chemist and a lawyer. None of the enterprises I have advised seem interested in doing it right.
Certainly, mail order is against the law.
Stay away for now is my sincere advice.
Customer: replied 2 years ago.
Thanks, ***** ***** I was not surprised to hear that my question was lingering somewhere--thank you for answering. And my apologies--I wrote "products" and didn't specify that I would like to make medical cannabis edibles (don't want to grow anything)I would like to check just to make sure-- even though it is legal for ME to make and consume "medicated" edibles, it is NOT legal for me to send edibles in the mail to others who are allowed to use cannabis as medicine--is that correct? Both Reger Group and their contact at the Ministry are under the impression that mail order is legal, that's where I got the notion from. Not to mention all the "husband and wife teams" online who seem to be mailing edibles all over Canada!Thanks Tom B.
Customer: replied 2 years ago.
Hi again--I have copied a sentence from a FAQ page of a mail order website:"All of our shippers who assemble and ship your order are Health Canada licensed patients. All hold proper documents and are licensed to grow, transport and consume marijuana".Is this just bullshit wording to make people think it's legal and legit?

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