The Opium and Drug Act of 1911 did not originally include marijuana in its list of prohibited substances. However, in 1923, cannabis was included and has ever since been an illegal drug according to Canadian law. Since 1997, marijuana has been classified and regulated as a Schedule II drug under Canada's Controlled Drug and Substance Act. For example, violations of possession of less than 30 grams, carries a maximum jail term of six months. In terms of distribution or sale, less than 3 kilos has a maximum sentence of 5 years imprisonment.http://www.cfdp.ca/sen8ex1.htm

When prosecuting marijuana violations of the CDSA, police agencies and judicial figures have discretion as the public's tolerance of marijuana use grows. According to Canadian federal law, marijuana still has not been decriminalized and possession, cultivation, sale and use is still illegal. The only exception to this legislation is the implementation of legal protection for registered users of medical marijuana. http://www.norml.ca/norml_faq.php

There have been several proposed bills that would have decriminalized to the extent of possession in small amounts. Under the bills introduced in 2003 and 2004, possession of less than 15 grams would have only been punishable with a fine, and 15 to 30 grams would have been a criminal charge at the police agency's discretion. Cultivation and possession of up to three cannabis plants would have been a non criminal offence. However upon being presented to Parliament, the bills were struck down and have not been reintroduced. http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060403/marijuana_crime_harper_060403/20060403?hub=Canada

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Health Canada, the government department for public health care, regulates the use of marijuana for the treatment of symptoms associated with certain illnesses. The Marijuana Medical Access Regulations program has several requirements for patients to become eligible for a license to legally use marijuana for medicinal purposes. There are specified medical conditions that qualify a patient for this type of treatment. Review any medical condition with a physician to ensure it meets the requirements. http://www.medicalmarijuana.ca/for-patients/get-medical-marijuana

1. Forms for licensing must be completed by a physician. These can be found on the Health Canada website. http://www.hc-sc.gc.ca/dhp-mps/marihuana/how-comment/applicant-demandeur/index-eng.php
2. There are two available forms of licenses. One allows the use and possession, and the other also includes the proper permission to cultivate a patients' own marijuana.
3. Along with two passport size photographs, send the completed forms to the address indicated on the site/forms.
4. Processing time is estimated to be ten weeks, with priority given to those with terminal conditions.
5. Recipients will be notified in writing as to the status of their application.

Unlike the medical marijuana laws found in the United States, Canada has authorized growers to provide patients with medical marijuana. Prairie Plant Systems Incorporated has been contracted by the Canadian government to provide patients with dried marijuana or seeds to cultivate at home. Health Canada also provides a legal source to purchase these prescriptions, and offers a mail order service as well.http://www.hc-sc.gc.ca/dhp-mps/marihuana/supply-approvis/index-eng.php