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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2019
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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Is it legal in NS Canada to sell medical marajauna to

Customer Question

Is it legal in NS Canada to sell medical marajauna to customers who have a medical marajauna government card from Cannascribe.
JA: What state are you in? It matters because laws vary by location.
Customer: In the Canadian province of Nova Scotia
JA: Has anything been filed or reported?
Customer: Could you be more specific please
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes we are opening a dispensary here soon
Submitted: 4 months ago.
Category: Canada Law
Customer: replied 4 months ago.

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Customer: replied 4 months ago.
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Expert:  Copperlaw replied 4 months ago.

Good Evening. I would be happy to assist you with your inquiry.

Medical Marihuana licenses obtained through Cannascribe are proper, legal Medical Marihuana licenses issued by and registered with Health Canada. Cannascribe assists its clients in obtaining their license in compliance with the medical marihuana regulations. However, at present, only those providers of marihuana who have been designated as an authorized medical marihuana distributor can legally provide medical marihuana to licensed users.

This means that any other distributor, including all of the independent dispensaries throughout the country, are in fact operating illegally and are, at present, committing the offence of trafficking in marihuana under the Controlled Drugs and Substances Act. We have seen evidence of this with the numerous police raids of "illegal" dispensaries over the past number of months.

Enforcement of this area of law however is entirely discretionary. Some police services are still strictly enforcing the law as it stands now, while others are turning a blind eye to dispensaries in operation, given the anticipated legislative changes to take effect in 2018.

So while some dispensaries are being raided, product seized and charges are being laid, others continue to operate. Those who are charged are waiting for the legislative changes to come into effect in order to see if the charges will ultimately be stayed at that time. There has not been any direction on this point from either the government or the Courts, so it will remain to be seen if charges get stayed or prosecutions are pursued. This is a topic that is under heavy debate.

So, in answer to your questions, at the moment, unless a dispensary has been designated by Health Canada as an authorized distributor, then they are operating illegally and they could be raided, have their product seized and face criminal charges.

I hope this information is of assistance to you. Please let me know should you require anything further.

Jim

Expert:  Copperlaw replied 4 months ago.

Please let me know if you require any further information.