Health Canada finally made their announcement.

[TURBD]

http://www.youtube.com/watch?v=IfWAnqggcb0&sns=em

Ban me. I don't care anymore.

 

[Lastdon]

For some meeting the regulations will be simple to meet while for others, this might be a harder market to get into. The harder conditions might be having a person that specializes in quality control. For one they haven’t stated what type of qualifications you have to have, whether that be masters or phd in some sort of medical science or food preparation.

Second is having the proper zoning laws, and approval from the municipal authority to operate and agricultural or farming type of business. I believe every municipality has there own by-laws, so being up to code can differ significantly from place to place.

Farmers also fall under Farm Property Tax Rates, and commercial insurance rates for buildings, and insurance of medical product. Can you even put insurance on medicine to protect a product from say crop failure, due to whatever (mold, pm, infestations). The value that you have your product at will, be a part of whatever the insurance of the buildings and all are.

But again, what qualifications will the quality assurance person have to have, and will the municipal authority approve of your site to operate. All it takes is a fire inspector or whomever to feel away about your building on whatever day they inspect.

 

[Lastdon]

reply @ Northern Kush above

 

[c-ray]

.

Canadian Trade-marks Database
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Milf Weed in the TM Lookup

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[c-ray]

from http://www.mernagh.ca/health-canada...ernagh/?utm_source=dlvr.it&utm_medium=twitter

Health Canada Med Pot Ideas No Impact On R v. Mernagh

If you think the Harper government is going to do something positive for med pot – what are you toking because I want some.

Plenty of people have opinions and worry about the proposed changes to Health Canada medical marihuana program. I’m not sure how these changes are going to play out. However if you think the Harper government will do something positive for med pot – what are you toking because I want some. My favorite document is Harper Government Announces Proposed New Marihuana for Medical Purposes Regulations.

I do know the proposed changes will not suddenly go before Ontario Court of Appeal in R v. Mernagh because only evidence at trial is reviewed. The court of appeal wasn’t waiting for the feds to make changes to come to their conclusions. Unlike civil cases like R v. Hitzig this is a criminal case and my freedom is at stake here.

The justices can uphold R v Mernagh ruling or not. There’s little wiggle room to come up with a third option. Many months ago one my biggest fears was a mysterious third option. At trial we were unable to furnish the court with our ideas (ie evidence) on how to improve Health Canada’s medical marihuana program because this would violate R v. Little Sisters Art Emporium case law.

Yet during our May 2012 Ontario Court of Appeal hearing, to me, it appeared Justice Doherty was seeking solutions from the crown and intervenors. Something more akin to a civil ligation like R v. Hitzig. However, this is criminal and there can be no middle ground. We are warriors and both sides are out for blood.

‘What should he have done?’ Justice Doherty asked the crown.
‘He should have sued the government.’ The crown responded.
‘That’s your solution – he should have sued.’ Justice Doherty, who didn’t look too impressed by their answer retorted.

Suing the federal government is no solution and its cheaper to grow marijuana and ask for forgiveness than hire lawyers to go on the offensive. The costs of civil litigation against your government are prohibitive. Think of it this way, Big Tobacco (who have floors of lawyers) sued over the labeling of ciggies and lost. If the feds want you to sue them as they suggested I do, you can bet your bottom dollar (and you will have too) that they intend to come out on top.

Given no viable third option, I doubt the Ontario Court of Appeal would create a happy middle ground. They could continue to stay my charge and wrap Health Canada on the knuckles for not doing a better job. Then create some suggestions on how to improve, which may or may not violate R v. Little Sisters.

I read Canada Gazette and believe Health Canada is preparing for a loss in my case. Once again losing, but getting a happy middle ground ruling that they can ignore. I get my stay and they get to keep their program with slight changes.

Unfortunately for Health Canada a stay would force the prosecutors to seek an appeal because I should be in prison for growing personal pot. The prosecutor’s handbook guided prosecutors in their appeal decision last time. Therefore another stay – one would presume following their logic and handbook – would force them to appeal again.

I just want to laugh at prospects of a salvage a program only to be forced to appeal because they couldn’t get a conviction.

Now let’s say I get my stay and the feds are happy too and opt not to appeal for a criminal conviction. Highly doubtful, but it’s my worst nightmare. I asked my counsel over lunch months ago and was informed a ruling that differs from the original Ontario Superior court ruling is grounds for appeal – even if I got a stay. Making me possibly the first criminal to appeal a stay.

Nurse Practitioners Possibly Sign For Med Pot

Nurse practitioners would be permitted to prescribe med pot if the corresponding provincial legislation governing nurse practitioners is changed. Considering it took 25 years to allow Nurse Practitioners in Ontario to be legislated (lobbying from 1973 to 1997 when the law was passed) don’t hold your inhale waiting for something to happen.

Behold my favorite example.

The McGuinty Libs allowed Nurse Practitioners to sign special diet allowances for Ontario Disability Support Program people. Clinics were set up by poverty groups who hired Nurse Practitioners to fill out forms. The McGuinty Libs seeing the tidal wave response quickly stopped allowing Nurse Practitioners sign for ODSP special diet allowances.

The governance of Nurse Practitioners is provincial not federal – possibly allowing Health Canada to say ‘its not us – its the province’ in future court cases. Another hint Health Canada is preparing for a loss is the introduction of the new program. It’s timely and they might be able to beat the 90 day Stoner Sword of Damocles imposed in R v. Mernagh ruling.

The reality is the feds are actually readying a new medical marijuana program for a person who opts to use R v Mernagh case law. Then a crown somewhere will say, ‘We made dramatic changes. It’s a whole new program. We improved access since R v. Mernagh. Here’s our stats that show more people than ever are in the program. We’ve added nurse practitioners and we are working with our provincial counterparts to implement, but this takes time.’

 

[the med man]

oh wait so each LP will have designated patients?

I can't imagine too many legitimate businesses wanting to deal with a hoard of primma donna med patients constantly bitching and moaning about every little thing.

dude lol, if you think patients are bad, you should meet some "growers" lol, mm

 

[Frank n Beans]

What should we be doing now to get some of these proposed changes changed? I know I won't be able to afford it if I can't grow my own, even at best case scenario it will be 500% increase of costs.

 

[OneTokeOver]

So when I am busted for growing my own medicine and incarcerated in one of the 10000 new prison beds we are currently building, will the taxpayers be supporting my $2400.00 a month prescription?

Serious question.

 

[MoeBudz^420]

If yer gonna "take your chances", keep it under 5. Myself, I will knock it back from 4 to 2 after April Fool 2014. Can get similar yields w/ more veg, and its only 2 plants.

Gotta do what ya gotta do, not a "wantsta" but they are def.making it a "havesta". 'Cheaper than 15 dollar street price? Singles are 10 on street here. Oz on avg - 150-180. And i began growing 'cuz I hated to pay that much. Imagine 250, cuz imagination is all you'll ever get from me and I hope many others.

Their choice, not mine - I am just adapting to it, doing what I must - I just cannot swallow the bullshit, ie) pay such a price and prefer to take my chances with 2. I will not let them hold a gun to my head and steal my wallet's contents... hell will freeze over first!

Oh well, what happens happens - I'll deal with it if/when it does.

Hope for the best, prepare for the worst.


Peace

 

[Pangea]

For some meeting the regulations will be simple to meet while for others, this might be a harder market to get into. The harder conditions might be having a person that specializes in quality control. For one they haven’t stated what type of qualifications you have to have, whether that be masters or phd in some sort of medical science or food preparation.

Second is having the proper zoning laws, and approval from the municipal authority to operate and agricultural or farming type of business. I believe every municipality has there own by-laws, so being up to code can differ significantly from place to place.

Farmers also fall under Farm Property Tax Rates, and commercial insurance rates for buildings, and insurance of medical product. Can you even put insurance on medicine to protect a product from say crop failure, due to whatever (mold, pm, infestations). The value that you have your product at will, be a part of whatever the insurance of the buildings and all are.

But again, what qualifications will the quality assurance person have to have, and will the municipal authority approve of your site to operate. All it takes is a fire inspector or whomever to feel away about your building on whatever day they inspect.

For one they haven’t stated what type of qualifications you have to have

Sec 54.1.A(ii)

Quality assurance

54. (1) A licensed producer must

(a) have a quality assurance person who
(i) is responsible for assuring the quality of the dried marihuana before it is made available for sale, and

(ii) has the training, experience and technical knowledge relating to the activity conducted and the requirements of this Division; and
(b) investigate every complaint received in respect of the quality of the dried marihuana and, if necessary, take corrective and preventative measures.

Section C.02.029(b) of The Food and Drug Regulations state that for sterile drug production, supervising personnel are not required to have a degree in microbiology.

I highly doubt the QA manager will need a degree, considering that medical cannabis does not need to be produced under sterile conditions.

"has the training, experience and technical knowledge releating to the activity conducted"

The activity being conducted is cultivation and handling of a illegal plant. There has been no training offered by any institution that could be considered related to these activities. The closest would be general QA practices. "Experience and technical knowledge" would be much more relevant.

It couldnt hurt, but doubt it will be a requirement.


^^Opinion.

 

[c-ray]

from http://www.kamloopsnews.ca/article/...rprise-in-medical-pot-rule-change-lawyer-says

No surprise in medical pot rule change, lawyer says
'I’m not sure it’s going to be resolved quickly'

December 17, 2012

By Mike Youds
Daily News Staff Reporter

A shift in federal policy governing medical marijuana users will have an up side and down side, says a Kamloops lawyer.

Minister of Health Leona Aglukkaq announced in B.C. on Sunday that Ottawa plans to end a Health Canada program allowing people with health conditions to grow pot in their own homes.

Aglukkaq said the current regulations have left the system open to abuse, causing great concern among law enforcement, fire officials and municipalities dealing with illegal grow-ops. By March 2014, only companies with strict security requirements will be licensed to grow and sell marijuana.

Lawyer Shawn Buckley, who represents local medical-pot advocate Carl Anderson, said Sunday’s announcement came as no surprise since Ottawa had been planning to change the rules for some time.

The advantage of the new system is that it would enable better testing for chemicals that might be contained in pot that is grown in unregulated conditions, he said. Such a system would also allow production of cannabis of a more consistent and predictable quality.

The drawback of the new system is that prices will go up since government will no longer subsidize the cost of production. That will affect affordability for licensed users, many of whom live on fixed incomes or disability pensions.

“I’m not sure it’s going to be resolved quickly.”

He expects to see the new rules challenged under Section 7 of the Canadian Charter of Rights and Freedoms.

Anderson said affordability is the biggest issue, but the new system will be exclusive to companies that can afford the investment and the high level of security required.

“They’re going through all this to stop people from producing a God-given plant that provides a benefit to mankind,” he said. “I don’t think this is the way to go. It’s basically going to force people back into the black market.”

The government says the changes follow broad consultation. It’s allowing 10 weeks for public comment. Anderson doubts that the government will respond meaningfully.

“They’re going ahead with it, no matter what. I think this government is morally opposed to it and that’s that.”

 

[northernkush]

Ok so im buying a warehouse. Applying for r and d license. Does anyone know any good lawyers in ontario who can help me through this? And say i want to start with 10 strains. Does anyone have any recommendations for "must haves" in my garden?

 

[Pangea]

At least a couple higher CBD strains.

Good luck!

 

[Buds Bundy]

Guidance: Wall Construction

The walls of your site should be constructed to assist in ensuring that unauthorized access to your site and its restricted areas is prevented.
For example, slab-to-slab construction and steel mesh sheets attached to the underside of structural joists can assist in ensuring wall security.

This will rule out warehouse complex where each suite is separated by a steel frame/drywall wall. It would have to have concrete wall between the suites or a small stand alone warehouse.

 

[northernkush]

Anyone got any help with experienced lawyers?

 

[Buds Bundy]

Anyone got any help with experienced lawyers?

I'll be talking to a lawyer soon just have to wait till my partners are ready and financing is in place.

Wanna make sure also one doesn't spend $200K+ setting it all up and not end up getting a license.

 

[teemu shalanie]

I dont know how quick I would be to jump on the new ship b4 the old one is sunk yet ,........just my 2cents
TS

 

[Buds Bundy]

I dont know how quick I would be to jump on the new ship b4 the old one is sunk yet ,........just my 2cents
TS

What I really want to know is are they firs taking proposals for the business or do you have to build it and then apply which would seem kinda set up to eliminate small business.

If I'm allowed to make a proposal, show all building and security plans and show them I have the financing in place its one thing but to require me to build it first and then apply just seem wrong on all levels.

 

[Pangea]

As per the guidance document on building and production security:

...approaches should be discussed in advance with the relevant program area to avoid the possible finding that applicable statutory or regulatory requirements have not been met.

 

[teemu shalanie]

so do they have a set of guidelines they want production sites to be built with ? havent seen it yet ?, any links ?
TS