Article by The Leaf News
Dear Herb: A recent article suggested that obtaining starting materials from licensed medical growers by gifting is legal, but is that really the case?
Is legal medical cannabis a potential legal source of starting materials for recreational home growers? — Perplexed About Gifting
Dear Perplexed: I’ve received this inquiry from a number of people in the past few weeks. Before I answer, let’s review the question to ensure everyone’s up to speed.
Back to the question: Is the gifting of medical cannabis plants and seeds actually legal under the Cannabis Act? I asked Health Canada’s media-relations team to explain, and they ran the question by their experts before giving me a response that didn’t explicitly answer the question.
The limited sharing of cannabis for personal use between individual adults is definitely permitted, wrote Health Canada spokeswoman Tammy Jarbeau in her formal response. An adult can distribute up to four cannabis plants to another adult, provided the plants are not flowering, or have buds on them. Ditto for legally-obtained cannabis seeds, which can be shared up to 30 at a time.
There’s nothing new there. But another part of Jarbeau’s response did catch my eye: the government program that allows medical cannabis users to grow their own is meant only for that individual’s own medical needs, she wrote.