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Warning Letter

Health Canada issued a warning letter to a dispensary advertising and selling marijuana illegally. The letter requires the dispensary to immediately suspend all activities with controlled substances and submit a written statement that it will not conduct any such activities without a valid license. It notes increased fines and penalties for regulatory offenses related to illegal sale and advertising of drugs under the Food and Drugs Act and Narcotic Control Regulations.
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0% found this document useful (1 vote)
10K views

Warning Letter

Health Canada issued a warning letter to a dispensary advertising and selling marijuana illegally. The letter requires the dispensary to immediately suspend all activities with controlled substances and submit a written statement that it will not conduct any such activities without a valid license. It notes increased fines and penalties for regulatory offenses related to illegal sale and advertising of drugs under the Food and Drugs Act and Narcotic Control Regulations.
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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WARNING LETTER

Subject: Illegal Sale and Advertising of Marijuana

The sale and advertising of marijuana is illegal. The (named dispensary) is


advertising for sale marijuana contrary to the Food and Drugs Act (FDA) and
the Narcotic Control Regulations (NCR). You are encouraging Canadians to engage
in conduct that could also expose them to criminal liability.
Health Canada is requiring:
1. You immediately suspend all activities with controlled substances. If
the(named dispensary) does not immediately cease all activities with controlled
substances, we will contact, within 30 days of the date of this letter, the Royal
Canadian Mounted Police for enforcement action as they deem necessary, and
2. Submit a written statement indicating that the(named dispensary) will not
conduct any activities with these substances without a valid licence. The original
copy of your written response signed must be received in this Office by September
21, 2015.

With the passage of Bill C-17 (Vanessas law) on November 6, 2014, there are
increased fines and penalties for regulatory offences under the FDA, including a
maximum penalty of $5,000,000 or 2 years in prison or both. Additionally, a
person who knowingly makes a false or misleading statement to the Minister of
Health or who knowingly or recklessly causes a serious risk of injury in
contravening the Act or its regulations could face a higher fine or up to five years
in jail, at the discretion of the court.
The Marihuana for Medical Purposes Regulations (MMPR) define advertisement, as
does the FDA and the NCR, to include any representation by any means
whatever for the purpose of promoting directly or indirectly the sale or disposal of
a drug in the case of the FDA, or a narcotic with respect to the MMPR and NCR.
The Controlled Drugs and Substances Act (CDSA) prohibits any person from engaging
in activities such as production, provision, sale (including offering for sale, import,
export, transport, delivering of controlled substances unless authorized under its
Regulations).

In addition, in accordance with subsection 12(1)(a) of the MMPR, a licensed


producer may possess, produce, sell, provide, ship, deliver, transport and destroy
marijuana, including viable seeds. Therefore, you must apply to be a licensed
producer to be authorized under these regulations to conduct the abovementioned activities with marijuana.
Should you have any questions, please do not hesitate to contact us at 1 866-3377705

or by e-mail at [email protected].

Sincerely,
Office of Medical Cannabis
Health Canada

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