OAAC-11-63

middotOshawareg Corporate Services Department ~~Pepae To Be Amazed City Clerk Services

File A-2100

October 312011

DELIVERED BY HAND

Oshawa Accessibility Advisory Committee clo Laura Davis Advisory Committee Co-ordinator

Re The Use of Medicinal Marijuana

This is in response to the Oshawa Accessibility Advisory Committees request respecting the use of medicinal marijuana

Oshawa City Council considered the above matter at their closed meeting of October 17 2011 and adopted the following resolution

That Report CM-11-46 of the Assistant Solicitor and the City Solicitor responding to Councils referral to Legal Services of Item 2 of the Fourth Report of the Oshawa Accessibility Advisory Committee (OAAC-11-27) respecting the use of medical marijuana be received for information and the City Solicitor prepare a public report for release to the Oshawa Accessibility Advisory Committee (OAAC) and the OAAC be advised that their request that Council recognize all citizens have the equal right to take their prescribed medication in public without fear of harassment and discrimination regardless of modality be denied based on the response from the City Solicitor and Medical Officer of Health

Later at their meeting of October 25 2011 City Council considered the public version of the above report and adopted the following resolution

1 ThatReport CM-11-51 of the Assistant Solicitor and the City Solicitor responding to Councils direction to prepare an open meeting version of Report CM-11-46 responding to Councils referral to Legal Services of Item 2 of the Fourth Report of the Oshawa Accessibility Advisory Committee (OAAC-11-27) respecting the use of medicinal marijuana be received for information and

2 That a copy of Report CM-11-51 be provided to the Oshawa Accessibility Advisory Committee

Enclosed please find a copy of Report CM-11-51 referred to in the above resolution

The Corporation of the City of Oshawa 50 Centre Street South Oshawa Ontario L 1 H 3Z7 Phone 905middot436middot5639 1middot800middot667middot4292 Fax 905middot436middot5697 wwwoshawaca 2

-2shy

If you need further assistance please contact me at the address listed below or by telephone at 905-436-5636 ext 2230

Sandra Kranc City Clerk

Ikb c Robert Kyle Commissioner amp Medical Officer of Health

Marco Ivancicevic

Report

To Itampm Dam of Report

Council in Committee oBhe Whole CM-1i-51 October 20 2011

From Kelly A Gravelle Assistant Solicitor File Dam of Meetiug and David J Potts City Solicitor A2100 0015 2Cl11 October 252011

Subject Open Meeting Version ofReportCM1146 re Use of Medicinal Marijuana (Council Referral ofOAAC-11-27) PUBLIC REPORT

10 PURPOSE

This report responds to CounciIs direction to prepare an open meeting version of R~port CM-11-46 which respond~ to Councils referral to Legal Services of Item 2 of the 4th Report of the Oshawa Accessibility Advisory Committee respecting the use of medicinal marijuana

20 RECOMMENDATION

It is recommended to City Council

That Report CM-ii-51 of the Assistant Solicitor and the City Solicitor responding to Councils direction to prepare an oPen meeting version of Report CM-i1-46 responding to Councils referral to LegaJ Services of Item 2 of the 4th Report of the Oshawa Accessibility Advisory Committee (OAAC-ii-27) respecting the use of medicinal marijuana be reeeNed for information

30 EXECUTIVE SUMMARY

The Oshawa Accessibility AdvIsory Gommittee (dMC1raquo has recommended [ Jthat Council recognize all citizens hav~ the equal right to take their prescribed m~dlcation in public withQlJtfear ofharassment and dscrimillfJtion regardless ofmodality as recognized under the Charter ofRights and Freedoms f ] Marijuana isa federally controlled substance whiCh therefore preoludes munlciJjal regulation to the 6xtent of any conflict with federal regulations How~ve federal regulations are limited to authorizing production and possession of marijuana in limited circumstances and do not specifically authorize smoking asa means of administeringmfjrijuana Rather1 Health Canada recommends against smoking marijuana and specifically recommends against smoking marijuana in public places MuniCipalittes have broad authority to regUlate ilhealth safety and wellshybeing of persons which includes for example regulating and prohlbiting smoking in public places

If the OAAC Recommendation is intended to inclUde the smoking of marijuana as a means by which individuals who afe entitled to possess marijuana may also take it then the

98011-0706 HRepofts2Q11 ReportsCM 11 51 Use of Medicinal Marijuan1Qoc 4

Report

To Itampm Dam of Report

Council in Committee oBhe Whole CM-1i-51 October 20 2011

From Kelly A Gravelle Assistant Solicitor File Dam of Meetiug and David J Potts City Solicitor A2100 0015 2Cl11 October 252011

Subject Open Meeting Version ofReportCM1146 re Use of Medicinal Marijuana (Council Referral ofOAAC-11-27) PUBLIC REPORT

10 PURPOSE

This report responds to CounciIs direction to prepare an open meeting version of R~port CM-11-46 which respond~ to Councils referral to Legal Services of Item 2 of the 4th Report of the Oshawa Accessibility Advisory Committee respecting the use of medicinal marijuana

20 RECOMMENDATION

It is recommended to City Council

That Report CM-ii-51 of the Assistant Solicitor and the City Solicitor responding to Councils direction to prepare an oPen meeting version of Report CM-i1-46 responding to Councils referral to LegaJ Services of Item 2 of the 4th Report of the Oshawa Accessibility Advisory Committee (OAAC-ii-27) respecting the use of medicinal marijuana be reeeNed for information

30 EXECUTIVE SUMMARY

The Oshawa Accessibility AdvIsory Gommittee (dMC1raquo has recommended [ Jthat Council recognize all citizens hav~ the equal right to take their prescribed m~dlcation in public withQlJtfear ofharassment and dscrimillfJtion regardless ofmodality as recognized under the Charter ofRights and Freedoms f ] Marijuana isa federally controlled substance whiCh therefore preoludes munlciJjal regulation to the 6xtent of any conflict with federal regulations How~ve federal regulations are limited to authorizing production and possession of marijuana in limited circumstances and do not specifically authorize smoking asa means of administeringmfjrijuana Rather1 Health Canada recommends against smoking marijuana and specifically recommends against smoking marijuana in public places MuniCipalittes have broad authority to regUlate ilhealth safety and wellshybeing of persons which includes for example regulating and prohlbiting smoking in public places

If the OAAC Recommendation is intended to inclUde the smoking of marijuana as a means by which individuals who afe entitled to possess marijuana may also take it then the

98011-0706 HRepofts2Q11 ReportsCM 11 51 Use of Medicinal Marijuan1Qoc 4

Report to Council in Item CM1151 Committee of the Whole (Continued) Meeting Date Octpbel 252011

OAAC Recommendation is inconsistent with Health Canada recommendations and with municipal by-laWs that prohibit smoking

If a municipal by-law that regulates and prohibits smoking in the interests of the health safety and well-being of persons were to be challenged as contrary to the Charter a municipality would seek to defend its bylawas prescribing reasonable limits that are demonstrably justified in a free and demOCratic society Sitnilarly if the by-law were to be challenged under Ontarios Human Rights Code as being discriminatory on the basIs of disability the by-law would likely be defensible as being a reasonable andbona fide health and safety requirement that protects the health and well-being of other persons

40 INPUT FROM OTHER SOURCES

41 General

)gt Attachment 1 is a letier dated Sep 1411 from Dr Kyle) Regional Commissioner and Medical Officer of Health

42 Auditor General

)gt Not applicable

50 ANALYSIS

51 Background

)gt On May $11 Oshawa Oouncil adopted a motion requesting the Regional Medical Officer ofHealth and middotth6 Acces$ibility Coordinator to provide comments concerning the OAAC requestthat staff investigate whether a section on the USe Elf medical cannabis could be included in the Oshawa Accessible Customer Service TraIning Manual

)- OnJun 2711 Council considered and referred to legal SerVices the feHowingitem 2 of OAAC~s 4th report tOAAC Recommendation)

Whereas the City of Oshawa is committ~d to deVeloping and maintaining a barri~rfree municipality and

Whef~as some citizens with disabilities that live in the City of Oshawahave obtained an authorization for the Use ofm~diCal marijuana through the Federal Government with approval of th~ir doctor and

Whereas Health Canada publicfy stated that reglJlatiOn ofmedicll1 marijuana use in public is in the hands ofmunicipalities and Health Canada does not intend on placing regulations around the use and

5

Report to Cquncil in Item CM-11-51 Committee of the Whole (Continued) Meeting Date Qctober25 2011

W11ereas these citizens often face harassment and discrimination for frying to usetheir prescribed medicationin public areas and

Whereas the main issue with the public use ofmedical marijuana is the modality of the medication and not the medication itself and that is discriminatory on that bassalone and

Whereas the Accessibility for Ontarians with Disabilities Act outlines that municipalities are expected to eliminate barriers that create situations where people With disEibilities are excluded from participating in everyday eXperiences

Therefore 1 The OshaWa Accessibility Advisory 6ommitteerecommerrds that Council

recognize all citizens have the equal right to take thefrgrescribed medication in public without fear ofhfJrassrnent and dscriminailan regardless of modality as recognized under the Charier of Rights and Freedoms and

2 That Council endorses the recommendation of the OSh$Wa Accessibility Advi$Qry Commilteeand

3 That Council advise the Regionmiddotand the area municipalities 6fthe Cityof O$haWamiddots pestron [emphasis elIded]

~ On Sep 26111 COtjocii coosideredand referred to Legal Services a letter dated Sep 1411 fram Dr Kyle Regional Cammissioner and Medical Officer of Health that responded to Councils May 311~quest (Attachment 1 )

S2Broad Municipal Jurisdiction I Conflict of Laws

~ As a general rule the powers of a municipality under any statUte ate to be interpreted broadly so as to confer broad authority o~the municipality toanable the murticipalityto govern its affairs as it cotlsidersapprbpriate and to enhance the municipality~s ablilty to respond la municipal issuesll bull One example ofa municipal power that is to be interpreted brQadly is the power to passmiddot by-taws respectingheafth safety and wenshybeing ofpersons This broad power permits municipalities for example to regulate and prohibit smoking in public places

~ Municipal powers must nbtconfiict with the powers of superipr levels of government Specifically ~unjcipal by-laws arellot effective to the extent of any conflicfwith

III a provincial or federal Actor a regulation made undetsuoh an Act or III an instrument of a legislative natureincluding an order Icence or approval made

or issued under a provincial or federal Act or regUlation

)- Conflict exists where it is impossible to comply with both III a municipal by-law and III a provincial or federal Act regulation or instrumentof a legislative nature

6

Report to Council in Item CM-ii-51 Committee of the Whole (Continued) -4- Meeting Date October 25 2011

raquo Conflicta1so exists where a municipal by-law frustrates the purpose of a provinciaJ or federal Act regulation or tinstrument of a legislative nature

raquo Accordingly WhEm considering whether and the extent to which to respond to the OMC Recommendation it is necessary to consider the scope of the OAAC Recommendation in relation to existing reJevantActs regulatibnsor instruments

53 Federal Regulation of Marijuana

raquo Cannabis its preparations derivatives and similar synthetic preparations (collectively marijuana) is acontrolled substance under Schedule II to the federal Controlled Drugs and Substances ActfCOSAn) The COSA proscribes p(jssession seeking obtaining trafficking possession for the purpose of trafficklngimporlingexporting and production of marijuana except as authorized by the regulations under the COSA

raquo CDSAdefines production to mean obtaining the substance by any method or process including III manufacturing synthesizing or using any means of altering the ohemical or physical

properties of the substance or III cultivating propagating or harvesting the substance or any living thing from which

the substance may be extracted or otherwise obtained and includes offering to produce

gt CDSA definets trafficking to middotmean 11 to sell administergive transfer transport send or deliver the substance to sell an authorization to obtain the substance or to offer to do anything mentioned above otherwise than under the authority of the reglJlations

raquo The Mf1rihuana Medical Access Reguiations (MMAR) havebeen in force since Jul 3001 1 The MMAR establish a framework to allow access to marijuana by individuals suffering r()m grave or debilitating illnesses where conventional treatments are inappropriate or are not providing ~dequate relief TheMMAR define the circumstances and the manner in which access to marijuana for metJical purposes is permitted

raquo The MMAR outline categories of people who may apply to possess marijuana for medical purp()ses Generally the ca~ories are comprised ofindividualsmiddot suffering from symptoms treated wlthih the conte)tl ofproviding compassionate end-oflifecare ortne symptoms associated with certain serious medical conditions Applicants must provide information about themselves their medical condition and indicate whether they plan to access the government supply of dried marijuana grow their own supply of marijuana or have someone grow it for them A physician must complete and sign a

1 See Health Canada Medical Use of Marihuana at httpwwwhc-scgccadhlil-mpsllnllrihuanaiindexshyengmiddotlilhp

7

Report to Cquncil in Item CM-11-51 Committee of the Whole (Continued) Meeting Date Qctober25 2011

W11ereas these citizens often face harassment and discrimination for frying to usetheir prescribed medicationin public areas and

Whereas the main issue with the public use ofmedical marijuana is the modality of the medication and not the medication itself and that is discriminatory on that bassalone and

Whereas the Accessibility for Ontarians with Disabilities Act outlines that municipalities are expected to eliminate barriers that create situations where people With disEibilities are excluded from participating in everyday eXperiences

Therefore 1 The OshaWa Accessibility Advisory 6ommitteerecommerrds that Council

recognize all citizens have the equal right to take thefrgrescribed medication in public without fear ofhfJrassrnent and dscriminailan regardless of modality as recognized under the Charier of Rights and Freedoms and

2 That Council endorses the recommendation of the OSh$Wa Accessibility Advi$Qry Commilteeand

3 That Council advise the Regionmiddotand the area municipalities 6fthe Cityof O$haWamiddots pestron [emphasis elIded]

~ On Sep 26111 COtjocii coosideredand referred to Legal Services a letter dated Sep 1411 fram Dr Kyle Regional Cammissioner and Medical Officer of Health that responded to Councils May 311~quest (Attachment 1 )

S2Broad Municipal Jurisdiction I Conflict of Laws

~ As a general rule the powers of a municipality under any statUte ate to be interpreted broadly so as to confer broad authority o~the municipality toanable the murticipalityto govern its affairs as it cotlsidersapprbpriate and to enhance the municipality~s ablilty to respond la municipal issuesll bull One example ofa municipal power that is to be interpreted brQadly is the power to passmiddot by-taws respectingheafth safety and wenshybeing ofpersons This broad power permits municipalities for example to regulate and prohibit smoking in public places

~ Municipal powers must nbtconfiict with the powers of superipr levels of government Specifically ~unjcipal by-laws arellot effective to the extent of any conflicfwith

III a provincial or federal Actor a regulation made undetsuoh an Act or III an instrument of a legislative natureincluding an order Icence or approval made

or issued under a provincial or federal Act or regUlation

)- Conflict exists where it is impossible to comply with both III a municipal by-law and III a provincial or federal Act regulation or instrumentof a legislative nature

6

Report to Council in Item CM-ii-51 Committee of the Whole (Continued) -4- Meeting Date October 25 2011

raquo Conflicta1so exists where a municipal by-law frustrates the purpose of a provinciaJ or federal Act regulation or tinstrument of a legislative nature

raquo Accordingly WhEm considering whether and the extent to which to respond to the OMC Recommendation it is necessary to consider the scope of the OAAC Recommendation in relation to existing reJevantActs regulatibnsor instruments

53 Federal Regulation of Marijuana

raquo Cannabis its preparations derivatives and similar synthetic preparations (collectively marijuana) is acontrolled substance under Schedule II to the federal Controlled Drugs and Substances ActfCOSAn) The COSA proscribes p(jssession seeking obtaining trafficking possession for the purpose of trafficklngimporlingexporting and production of marijuana except as authorized by the regulations under the COSA

raquo CDSAdefines production to mean obtaining the substance by any method or process including III manufacturing synthesizing or using any means of altering the ohemical or physical

properties of the substance or III cultivating propagating or harvesting the substance or any living thing from which

the substance may be extracted or otherwise obtained and includes offering to produce

gt CDSA definets trafficking to middotmean 11 to sell administergive transfer transport send or deliver the substance to sell an authorization to obtain the substance or to offer to do anything mentioned above otherwise than under the authority of the reglJlations

raquo The Mf1rihuana Medical Access Reguiations (MMAR) havebeen in force since Jul 3001 1 The MMAR establish a framework to allow access to marijuana by individuals suffering r()m grave or debilitating illnesses where conventional treatments are inappropriate or are not providing ~dequate relief TheMMAR define the circumstances and the manner in which access to marijuana for metJical purposes is permitted

raquo The MMAR outline categories of people who may apply to possess marijuana for medical purp()ses Generally the ca~ories are comprised ofindividualsmiddot suffering from symptoms treated wlthih the conte)tl ofproviding compassionate end-oflifecare ortne symptoms associated with certain serious medical conditions Applicants must provide information about themselves their medical condition and indicate whether they plan to access the government supply of dried marijuana grow their own supply of marijuana or have someone grow it for them A physician must complete and sign a

1 See Health Canada Medical Use of Marihuana at httpwwwhc-scgccadhlil-mpsllnllrihuanaiindexshyengmiddotlilhp

7

Report to Council in Item CM-ii-51 Committee of the Whole (Continued) -4- Meeting Date October 25 2011

raquo Conflicta1so exists where a municipal by-law frustrates the purpose of a provinciaJ or federal Act regulation or tinstrument of a legislative nature

raquo Accordingly WhEm considering whether and the extent to which to respond to the OMC Recommendation it is necessary to consider the scope of the OAAC Recommendation in relation to existing reJevantActs regulatibnsor instruments

53 Federal Regulation of Marijuana

raquo Cannabis its preparations derivatives and similar synthetic preparations (collectively marijuana) is acontrolled substance under Schedule II to the federal Controlled Drugs and Substances ActfCOSAn) The COSA proscribes p(jssession seeking obtaining trafficking possession for the purpose of trafficklngimporlingexporting and production of marijuana except as authorized by the regulations under the COSA

raquo CDSAdefines production to mean obtaining the substance by any method or process including III manufacturing synthesizing or using any means of altering the ohemical or physical

properties of the substance or III cultivating propagating or harvesting the substance or any living thing from which

the substance may be extracted or otherwise obtained and includes offering to produce

gt CDSA definets trafficking to middotmean 11 to sell administergive transfer transport send or deliver the substance to sell an authorization to obtain the substance or to offer to do anything mentioned above otherwise than under the authority of the reglJlations

raquo The Mf1rihuana Medical Access Reguiations (MMAR) havebeen in force since Jul 3001 1 The MMAR establish a framework to allow access to marijuana by individuals suffering r()m grave or debilitating illnesses where conventional treatments are inappropriate or are not providing ~dequate relief TheMMAR define the circumstances and the manner in which access to marijuana for metJical purposes is permitted

raquo The MMAR outline categories of people who may apply to possess marijuana for medical purp()ses Generally the ca~ories are comprised ofindividualsmiddot suffering from symptoms treated wlthih the conte)tl ofproviding compassionate end-oflifecare ortne symptoms associated with certain serious medical conditions Applicants must provide information about themselves their medical condition and indicate whether they plan to access the government supply of dried marijuana grow their own supply of marijuana or have someone grow it for them A physician must complete and sign a

1 See Health Canada Medical Use of Marihuana at httpwwwhc-scgccadhlil-mpsllnllrihuanaiindexshyengmiddotlilhp

7

Report to Councl1 in Item CM-11~51 CommIttee of the Whole (Continued) -5- Meeting Date October 25 2011

medical declaration indicating the nature of the symptom for which marijuana would be used The application form must be accompanied by photographs to be used on an identification card issued to applicants authorized to possess The card can be shown to a police officer $sevidence that the person is authorized to possess marUuana

)- As noted by Dr Kyle (Attachment 1) Health Canada recommends against consuming marijuana in a pubnc place with specific reference to the act of smoking marijuana Applicants are required to acknowledge their awareness of certain risks and recommendations respecting marijuana including the following2

Given the nature of marihuana and the fact that the provision of madhuanais for your personal treatmentmiddot needs Health Canada recommends not consuminmthis controlled supstance in a public place Please take note that personsiflcharge of publfc or private establiShments (eg bats and restaurants) can request that you not smoke marihuana on their premises even if you have authority to possess marihuana for medical purpo~s There may als0De municipaJ blaws that prevent smoking In addition others should not be exposed to secondhand marihuana smoke

)gt Holders 01an authorization to possess can currently obtain marijuana for medical purposes from three possible spurces 11 They can apply for acoess to purchase dried marijuana from Health Canada II They can grow their own supply or They can designate someone else to grow it for them

)- Holders of an authorization to possess may possess a maximum 3()~day treatment supply of marijuana at any given time

)- Health Canada notes3

Marihuana for medical use should not be confused with the movement to legalize marihuana for general oonsumption Health Canada does net advocate the legalization ofmarihuana Marihuana remains an illegal and controlled substanCe similar to other controfledproducts

)- Health Canada has published an information leaflet for patients who have been authorized by HealthCana~a to possess marijuana Health Canada cautions4

2 See Health Canada Application to Obtain Dried Marihuana Form E1 httpwwwhc-scgccadhp rnpsfaltforma1$IhecssescQdfmarihuenajhow-commentlappiicant-ltfemandetJrform e1engpdfmiddot [emphasis added] 3 See Health Canada About Medical Marihuanaraquo at htlpllwwwhc-scgccadhQ-mpsimarihuanafaboutshyaproposindex-engphp 4 See Health Canada Information for the Patienf at htipllwwwhc-scgccadhPJTIpslalt tormatslhecsshysesclpdffmarihuanalhow-cornmentlapplicant-demandeurinfo patient-engpdf which is also referenced in and attached to Dr Kyles Sep 1411 letter (Attacnment 1 The bolding and underscoring of certain text is as it appears in the leaflet

8

Report to Council in Item CM 11-51 Committee of tile Whole (Continued) -6- Meeting Date October 25 2011

Marihu~n~ fsnot an approved therapeutic product and the provision of this information should not be interpreted as an endorsementof the use ofthis product or marihuana generally by Health Canada [ ] Since this marihUana product has not been authorized thrQugh the Health Canada drug approval process its safety and efficacy have not been established

The use ofthis product involves risks to health some of which may not be known or fully understood [J WARNINGS [J WHEN THIS PRODUCT SHOULD NOT BE UsectED If you are allergic to any cann~binojd Of to smoking III If you have a history of serious mental disorder such as schizophrenia or

depression [f you are pregnant or planning to get pregnant hi addition to therisk of

smOking the use of marihuana When you are pregnant may be a risk factor for sudden infant death syndrome Uterine exposure to marih~ana m$yalso cause behavioural (attention) problems in the child

If YQU are nursing

There maybe otherconditicgtn$where this product should notbe used but which are unknown due to limited scientific infcumation

ADMINISTRATION Of MARIHUANA BY SMOkiNG IS~ NOT RECOMMENDED

MARIHUANA MAY IMPAJRYOUR ABILITY TO DRIVE OR OPERATE HEAVY MACHINERY

bull This can last up to 24 hours after consuming Lmiddot]

USE Smoking is not recommended Some individuals use marihuana in foods 1

teas or With a vaporiser [ ] KEEP THIS PRODUCT OUT Of REACH Of CHILDREN

~ On Jun 1711 the Government of Canada announced5 that it is considering improvements to the Marihuana Medical Access Program to reduce the risk of abuse and exploitation bycriminal elements and to keep children and communities safe

5 See Government of Canada News Release 2011-80 at htt~Iwwwhcscgccalahc-asclmedianrshycpt 201112011 80-engphp

9

Report to Council in Item CM-11-51 Committee of the Whole (Continued) -7- Meeting Pate October 25 2011

Interested parties had until Jul 31111 to provide input on the proposed improvements to the Program One proposed improVement is the establishment of a new supply and distribution system that uses only licensed commercial producers which would mean that the production of marijuana for medical purposes by individuals in homes would be phased out

~jn summary the CDSAprohibitspo$session seeking obtaining trafficking possession for the purpose Of trafficking importing exporting and productionaf marijuana except as authorized by the MMAR In turn the MMAR prescribe cjrcurnstan~es in which a person may be authorized to possess or produce marijuana fur serious medical conditions Inany event Health Canada l1li cautions that marijuana is not an approved therapeutic product 11 cautions that its provision of informafion is not to be interpreted as its endorsement

oHhe use of marijuana bull states that it does not support the legalization of marijuana 111 warns of risks to heaJth some of which may not be known or fully understood 111 recommends against the consumption of marijuana in public places III specifictJlly warns against smoking marijuana in public placf)s III acknowledges the existence ofmunicipal byaw$ that prohibit smoking in public

places and III is curtet1tly studying improvements to reduce the risk of abuse in the marijuana

medical access program

54 Provincial and Municipal Regulation of Smoking

raquo The OAAC Recommendation seeks Councils endorsement that would recognize all citizens have the equal righUotake thelr prescribed medi(iation in public IUhe OMC Rec(Jmmend~fion is intended to include the smoking of mariJu~na as a means bywhich individuals wh~ are entitled to possess marijuana maymiddotafso take it then the OAAC Recommendation is inconsistel1twith muniCipal by-laws that prohibit smoking

raquo In 1994 the province enacted the Smoke-Free Ontario Actwhich prohibits smoking tobacco or holding Ughted tobacco in workpJaG~s enclosed public spaces and in motor vehicles when chUdrenundet 16 ate present A Jul109 amendment to OReg4806 now extends the smoking prohibition to covered and partIally covered restaorantand bar patios The Act also bans the public display of tobacco products prior to purchase and prohibits youthtargeted tobacco products such as flavoured cigarillos

raquo On Jun 1104The Regional Municipality of Durhams Smoke Free By-law came into effect it defines smoking as including the carrying or holding of a lighted cigar cigarette pipe or any other lighted smoking equipment but does not include the carrying or holding of any lighted cigar cigarette pipe or any other lighted smoking equipment that is being used in a stage production or theatrical performance The By law requires that all public places and workplaces be 100 $moke-rree It defines a Qublic place as any indoor area to which the public has access including l1li eating establishments (restaurants cafeterias food courts and coffee shops) l1li bars pubs billiard halls bowling alleys and video arcades

1 0

Report to Council in Item CM-11-51 Committee of the Whole (Continued) -8- Meeting Date Qctober 25 2011

III recreational facilities incudingarsnas swimming pools theatres and auditoriums III municipal buildings including community centres and libraries III public transport vehicles including buses taxis and limousines and III schools hospitals health care facilities nursing homes and retirement homes

~ The Regions Smoke Free By-law defines a workplace as any enclosed indo6rarea where an employee works and includes all common areas such as washrooms lobbies and parking garages Bingo halls racetracks and casinos are permitted to have a designated smoking room shy

~ Oshawa By-law 16387 as amended defines smoke or ~fsmoking as producing or the production of second~hand smoke In turn it defines second-hand smoke as III exhaled smoke or III smoke frQm an idfing A cigarette or Bcigar or C pipe or D any other tobacco

using or constructed device

~ Oshawa By-law 163~87 as amended prohibitssmokingil1 varioUS public places including municipal offices public access areasll and imunicipal recreational facilities

~ In 2010 Oshawa enacted a bylaw to prohibit smoking within nine (9) metres of all entrances exists and air intake vents and in the underground parking garage at 50 Centre S1 S The by-law applies only to City Han

55 Canadian Charter ofRights and Freedoms

~ The OAAC Reoommendation seeks Councils endorsement of the statement that qll citizens have the equal righito take their prescribed medication in Qublic with()utfealof harassment and discrimination regardless ofmodality as recognized under the Charter of Rights andFreedom

gt The Canadian Charter of Rights and Freedoms (Charter) is the stJpreme law of Canada that guarantees the righlsand freedoms set Qut in it subject only to such reasonable limits prescribed by law as can be demonstrabJy justified in a free and democratic society Protected fundamental freedoms enjoyed by all individuals incJu~e f~eed~m of peaceful~sS~~bly a~d freedom ofa$Sqci~tiltn Protected mobility fights Include Canadian Ctlzens nght to enter to remain m and leave Canada and citizens and permanent residents rights to move to and take up residence in any province aAd to pursue the gaining ofa livelihood tn any province Protected le9a1 rights enjoyed by all individuals include IIlife liberty and security of the perSon and the right riot to be deprived thereof except in accordance with the principles offundamental justice

~ Despite the Charter reference in the OAAC Recommendation it is not clear how oAAc relates the public consumption of marijuana (which is inferred from OAACs phrase lt1ake their prescribed medication in public) to a Charier-protected right Accordingly a detailed Cherteranalysis is beyond the scope of this report However as a general

1 1

Report to Council in Item CM-11-S1 Committee of the Whole (Continued) -9- M~ting Date October 252011

comment it is the writers view that there is a sound public policy basis for municipal by-laws that regulate and prohibit smoking in the interests of the health safety and well-being of persons Accordingly even ifthere were to be a finding that a municipal smoking by-law breaches a Charier-protected right a municipality would seek to justify the by-law under section 1 of the Charter as prescribing reasonable limits thaiare demonstrably justified in a free and democratic society

56 Ontario Human Rights Code

raquolt Ontarios Human Rights Code tCodej guarantees individualsequlti1 treatment in various areas including goods services and facilities by protecting individuals from discrimination on various grounds including discrimination related to an individuals disability

) The OAAC Recommendation does notreference the Code However if an individual who is authorized to possess marijuana were to challenge a municipal smoking by-law as discriminating contrary to the Code on the basis of disability in the area ofservices or facilities the by-law could be defended on various grounds Including as a reasonable and bona fide health and safety requirement that pr0t~cts the health and well-being of others receiving services ana using facilities to which the by-law relates $~~cifioally itculd bearguedmiddott~at t~eteJs a serious risk tOfassive inhaletsfrom siaestream manjuana smoke glvmg nsetoundue hardship

60 FINANCIAL IMPLICATIONS

) There are no financial implications associated with the recommendationin this report

(I See Marko vancioevio v Ontario (Minsterof ConsLlmer Services) (2011) [2011] (tHRTO No 1732 at 11212 Mr Ivancieevienad an Authorization to Possess marijuana pursuantto thE MMAR He filed a complaint under the Code alleging discrimination on the basiS of disability in the areaof$elVlces Specifically he challenged s 45(2) of Regulatioh 719 Licences to SeH Liquor under the UquorLicence Act which prohibited him from possessing or using marijuana in IiCenl~ed establishments He soughtan order permitting him to smoke marijuana on the uncovered patiOS of licensed premises where tobaccosrnoking is permitted by haw On Sep 1911 the Ontario Human Rights Tribunal declined to grant the order $Ought by Mr Ivancicevie including for the reason cited and concluded that insofar as the challenged provsion prohibits the smoking of medica marijuana on licences premises the [Ministry ha~] established that it is reasonably necessary to accomplish a legitimate legis1ative purpose~

1 2

Report to Council in Item CM1151 Committee of the Whole (Continued) -10- Meeting Date October 25 2011

70 RESPONSE TO THE COMMUNITY STRATEGIC PLAN

)0gt The recommendation in this report is consistent with objective C1 by enhancing health an safety

David J Potts City SOlicitor

TiJa ~Qipnal MUf1Wpafly ofDtu11am

AAA(icradltepoundi Plililii liea$l Agency

SfWIloo Excellenclii for ourCDmmfmitifJ$

Correspondence Reques1 amp~~~ Item 1

September 14 2011

Ms Sandra Kranc City Clerk City of Oshawa

Dear Ms Krane

Re Usaof ~dical Marijuana

This letter is in responsaof youilettet Re UseofMedlcalMarijuans dated June 27 2011

In your tetter on May 3 20111 the Oshawa City Council referred the recommendation from Oshawa Accessibility Advisory Committee (OAAC) to the ReglonJild Health afldSociai SeNices Committee with a request that tna Regiooili Medical Officer of Health and AooeurolsslbIDty Coordinator providecomments on the foUowing recommendation

That~ff be request~to investigate thereasibiJlty of revIsing the OShawa Accessible CLi$tomer Service training Manual to include a section on the useofmmiicalmiddotQannabis

Following the above referraiattheOAAC meeting on June 21t 2011i the OMC proposed further recommendation

The Oshawa Accessibifity AdyisoryCommitt~e recommends that Council recOgnize all citIzens i1ave the equal tJghtto taka their prestribad medication in pubI1c wfthouUear of harassmentand dlsctJmmatjOih regardless of modality as recognizedunder11ie CharterofRfghmand Freedoms

This letter will provide oomments regardIng three issues related with the proposerrecctmtnandatiQns

1 The regulation ofmarijuarleinCanada 2 Health Canadas moommendaiion regarding the consumption of

man]tuma in public places ~ S Health Canadas recommendation respecting marijuana

administrtzmon

) First marijuana is a cOniroUed substance and it is not an approved therapeutic product According t) HeaJth Canadas Pf)icy on Health Canadal3 Supply ofMarihuana Seeds and Dried MarfhtJlJna for Medical Purposes1

t Health Carnada Polfqyon Health OanadEl$ Supply of J1Ilarhl1llna Seeds and Dried MarihuarU3 for ~dfcalPurposes htPwwwhc~sGgccaldlip mj$l9lt formaisheos-sescpdrJmarihuanalsuppWrovispaiicvMpoJitiguEl- engpdf (Date of access September 9 2011)

1 4

Correspondence Request Item 1

at Cannabis (marihuana) is Included in Schedule H of the Oontrolled Drugs and Substances Act thus making af related activities including possession1 production Importation exportation trafficking sl1d possession for the purpQses of trafficking marihuana illegal in Canada unless authorized by regulation

1It Marihuana Is ntltan approved therapeutic product as it has ow been assessed by Heajth Canada for safety efficaoy and quality as requIred under the Food and Drugs Actand the Food and Drug Regulertirms

bull The Marihuana Medical Acoess ReguJatJoos(MMAR) came into effecentf on July 30 2001 the objective of the MMARmiddotis to prOVide seriou$fy (U persons residing in Ganada wIth at means to o~fn an authorIzation to possesS marfhuatla andor a ficence to prodti~ marinUSI1C1 formedical purposes

Secondly HeatthCana(Ja recommendS not consuming this controlled substance in bn~ place During the application process an applicant needs to co middottwoappfication Tonner

Form E1 t Application to Obtain Dried Marihuana2 or

Form 12 Appl1bationto Obtain Marihuana Seeds3bull

in both Forms lSi arid E2 the sectIon of Notroe to Applicants Declaration and Signatura Heath Canada smtedthefoUowinS recommendation regarding smokfngmarijuana in public pla~

Given the nature of marihuanaand the fact that the provisbm of marihuana isfor yourpers1nnaf treatm~tneeds HeaDb C~a recommends not cODjurlling tlts cQgtrcUedsubstance in a pu6lkRaoe Please tafremiddotl1ore that persons middotmiddotin charge of pubJlcor privam ~stabiishments eg bars and rS$taurants) can request thatyou ootlSffiokemarlhuana on their premises even ifyou have authoritymiddottbpossessmarihuaoa for medical purposes There may a~ be municipal by4taws that prevent smoking [0 addition others ShOlJfd not beeXposedtosecondhand ml5ril1uana smoke

~tlyI regarding the admini$iration of merihuenal in the Information For [he Patiant 4 Health Canada recommends of

a ana b ~mo in i~ MarijUana smoke

1 Health Canada Medical Use of Marihuana HQwto Apply - ApPlicants Appllcatjo1JforAUfhotlzatft)(1 to Possess Dned Marihuana ~ Form E1 http=lJWWwhc~scgccaldhp-mpsmarihuanalhow~comme]tfaQQJicant~ dsectrmJlndelirform e1-engghg (OateofaccessSeptembtr9 2Q11) Health Canada Medical Use ofMarihuana How to ApPfy - Applicants AppioationfofAuthorJzation to Possess Dried Marihuana - FormS2 fjttpllDwmiddothck1cfcoaIdh2m9marihuanalhow-aommentlappllllnt dellandeurfaqne2engphQ Date of access Sepmmber 9 2011 -I Health Canada Jnfor(natlfm For The Patient Marltmana (Cannabis) htmillfIlMhJltscgc~cadhp-mPiJalt fgrrnat51he~~~dftmarthyal1iifhOW~ oommentfappn~nt-demimi~urliflfo pati~iult~engpdf (Dare OTOOCiSS September 112(11)

15

Report to Council in Item CM-11-51 Committee of the Whole (Continued) -8- Meeting Date Qctober 25 2011

III recreational facilities incudingarsnas swimming pools theatres and auditoriums III municipal buildings including community centres and libraries III public transport vehicles including buses taxis and limousines and III schools hospitals health care facilities nursing homes and retirement homes

~ The Regions Smoke Free By-law defines a workplace as any enclosed indo6rarea where an employee works and includes all common areas such as washrooms lobbies and parking garages Bingo halls racetracks and casinos are permitted to have a designated smoking room shy

~ Oshawa By-law 16387 as amended defines smoke or ~fsmoking as producing or the production of second~hand smoke In turn it defines second-hand smoke as III exhaled smoke or III smoke frQm an idfing A cigarette or Bcigar or C pipe or D any other tobacco

using or constructed device

~ Oshawa By-law 163~87 as amended prohibitssmokingil1 varioUS public places including municipal offices public access areasll and imunicipal recreational facilities

~ In 2010 Oshawa enacted a bylaw to prohibit smoking within nine (9) metres of all entrances exists and air intake vents and in the underground parking garage at 50 Centre S1 S The by-law applies only to City Han

55 Canadian Charter ofRights and Freedoms

~ The OAAC Reoommendation seeks Councils endorsement of the statement that qll citizens have the equal righito take their prescribed medication in Qublic with()utfealof harassment and discrimination regardless ofmodality as recognized under the Charter of Rights andFreedom

gt The Canadian Charter of Rights and Freedoms (Charter) is the stJpreme law of Canada that guarantees the righlsand freedoms set Qut in it subject only to such reasonable limits prescribed by law as can be demonstrabJy justified in a free and democratic society Protected fundamental freedoms enjoyed by all individuals incJu~e f~eed~m of peaceful~sS~~bly a~d freedom ofa$Sqci~tiltn Protected mobility fights Include Canadian Ctlzens nght to enter to remain m and leave Canada and citizens and permanent residents rights to move to and take up residence in any province aAd to pursue the gaining ofa livelihood tn any province Protected le9a1 rights enjoyed by all individuals include IIlife liberty and security of the perSon and the right riot to be deprived thereof except in accordance with the principles offundamental justice

~ Despite the Charter reference in the OAAC Recommendation it is not clear how oAAc relates the public consumption of marijuana (which is inferred from OAACs phrase lt1ake their prescribed medication in public) to a Charier-protected right Accordingly a detailed Cherteranalysis is beyond the scope of this report However as a general

1 1

Report to Council in Item CM-11-S1 Committee of the Whole (Continued) -9- M~ting Date October 252011

comment it is the writers view that there is a sound public policy basis for municipal by-laws that regulate and prohibit smoking in the interests of the health safety and well-being of persons Accordingly even ifthere were to be a finding that a municipal smoking by-law breaches a Charier-protected right a municipality would seek to justify the by-law under section 1 of the Charter as prescribing reasonable limits thaiare demonstrably justified in a free and democratic society

56 Ontario Human Rights Code

raquolt Ontarios Human Rights Code tCodej guarantees individualsequlti1 treatment in various areas including goods services and facilities by protecting individuals from discrimination on various grounds including discrimination related to an individuals disability

) The OAAC Recommendation does notreference the Code However if an individual who is authorized to possess marijuana were to challenge a municipal smoking by-law as discriminating contrary to the Code on the basis of disability in the area ofservices or facilities the by-law could be defended on various grounds Including as a reasonable and bona fide health and safety requirement that pr0t~cts the health and well-being of others receiving services ana using facilities to which the by-law relates $~~cifioally itculd bearguedmiddott~at t~eteJs a serious risk tOfassive inhaletsfrom siaestream manjuana smoke glvmg nsetoundue hardship

60 FINANCIAL IMPLICATIONS

) There are no financial implications associated with the recommendationin this report

(I See Marko vancioevio v Ontario (Minsterof ConsLlmer Services) (2011) [2011] (tHRTO No 1732 at 11212 Mr Ivancieevienad an Authorization to Possess marijuana pursuantto thE MMAR He filed a complaint under the Code alleging discrimination on the basiS of disability in the areaof$elVlces Specifically he challenged s 45(2) of Regulatioh 719 Licences to SeH Liquor under the UquorLicence Act which prohibited him from possessing or using marijuana in IiCenl~ed establishments He soughtan order permitting him to smoke marijuana on the uncovered patiOS of licensed premises where tobaccosrnoking is permitted by haw On Sep 1911 the Ontario Human Rights Tribunal declined to grant the order $Ought by Mr Ivancicevie including for the reason cited and concluded that insofar as the challenged provsion prohibits the smoking of medica marijuana on licences premises the [Ministry ha~] established that it is reasonably necessary to accomplish a legitimate legis1ative purpose~

1 2

Report to Council in Item CM1151 Committee of the Whole (Continued) -10- Meeting Date October 25 2011

70 RESPONSE TO THE COMMUNITY STRATEGIC PLAN

)0gt The recommendation in this report is consistent with objective C1 by enhancing health an safety

David J Potts City SOlicitor

TiJa ~Qipnal MUf1Wpafly ofDtu11am

AAA(icradltepoundi Plililii liea$l Agency

SfWIloo Excellenclii for ourCDmmfmitifJ$

Correspondence Reques1 amp~~~ Item 1

September 14 2011

Ms Sandra Kranc City Clerk City of Oshawa

Dear Ms Krane

Re Usaof ~dical Marijuana

This letter is in responsaof youilettet Re UseofMedlcalMarijuans dated June 27 2011

In your tetter on May 3 20111 the Oshawa City Council referred the recommendation from Oshawa Accessibility Advisory Committee (OAAC) to the ReglonJild Health afldSociai SeNices Committee with a request that tna Regiooili Medical Officer of Health and AooeurolsslbIDty Coordinator providecomments on the foUowing recommendation

That~ff be request~to investigate thereasibiJlty of revIsing the OShawa Accessible CLi$tomer Service training Manual to include a section on the useofmmiicalmiddotQannabis

Following the above referraiattheOAAC meeting on June 21t 2011i the OMC proposed further recommendation

The Oshawa Accessibifity AdyisoryCommitt~e recommends that Council recOgnize all citIzens i1ave the equal tJghtto taka their prestribad medication in pubI1c wfthouUear of harassmentand dlsctJmmatjOih regardless of modality as recognizedunder11ie CharterofRfghmand Freedoms

This letter will provide oomments regardIng three issues related with the proposerrecctmtnandatiQns

1 The regulation ofmarijuarleinCanada 2 Health Canadas moommendaiion regarding the consumption of

man]tuma in public places ~ S Health Canadas recommendation respecting marijuana

administrtzmon

) First marijuana is a cOniroUed substance and it is not an approved therapeutic product According t) HeaJth Canadas Pf)icy on Health Canadal3 Supply ofMarihuana Seeds and Dried MarfhtJlJna for Medical Purposes1

t Health Carnada Polfqyon Health OanadEl$ Supply of J1Ilarhl1llna Seeds and Dried MarihuarU3 for ~dfcalPurposes htPwwwhc~sGgccaldlip mj$l9lt formaisheos-sescpdrJmarihuanalsuppWrovispaiicvMpoJitiguEl- engpdf (Date of access September 9 2011)

1 4

Correspondence Request Item 1

at Cannabis (marihuana) is Included in Schedule H of the Oontrolled Drugs and Substances Act thus making af related activities including possession1 production Importation exportation trafficking sl1d possession for the purpQses of trafficking marihuana illegal in Canada unless authorized by regulation

1It Marihuana Is ntltan approved therapeutic product as it has ow been assessed by Heajth Canada for safety efficaoy and quality as requIred under the Food and Drugs Actand the Food and Drug Regulertirms

bull The Marihuana Medical Acoess ReguJatJoos(MMAR) came into effecentf on July 30 2001 the objective of the MMARmiddotis to prOVide seriou$fy (U persons residing in Ganada wIth at means to o~fn an authorIzation to possesS marfhuatla andor a ficence to prodti~ marinUSI1C1 formedical purposes

Secondly HeatthCana(Ja recommendS not consuming this controlled substance in bn~ place During the application process an applicant needs to co middottwoappfication Tonner

Form E1 t Application to Obtain Dried Marihuana2 or

Form 12 Appl1bationto Obtain Marihuana Seeds3bull

in both Forms lSi arid E2 the sectIon of Notroe to Applicants Declaration and Signatura Heath Canada smtedthefoUowinS recommendation regarding smokfngmarijuana in public pla~

Given the nature of marihuanaand the fact that the provisbm of marihuana isfor yourpers1nnaf treatm~tneeds HeaDb C~a recommends not cODjurlling tlts cQgtrcUedsubstance in a pu6lkRaoe Please tafremiddotl1ore that persons middotmiddotin charge of pubJlcor privam ~stabiishments eg bars and rS$taurants) can request thatyou ootlSffiokemarlhuana on their premises even ifyou have authoritymiddottbpossessmarihuaoa for medical purposes There may a~ be municipal by4taws that prevent smoking [0 addition others ShOlJfd not beeXposedtosecondhand ml5ril1uana smoke

~tlyI regarding the admini$iration of merihuenal in the Information For [he Patiant 4 Health Canada recommends of

a ana b ~mo in i~ MarijUana smoke

1 Health Canada Medical Use of Marihuana HQwto Apply - ApPlicants Appllcatjo1JforAUfhotlzatft)(1 to Possess Dned Marihuana ~ Form E1 http=lJWWwhc~scgccaldhp-mpsmarihuanalhow~comme]tfaQQJicant~ dsectrmJlndelirform e1-engghg (OateofaccessSeptembtr9 2Q11) Health Canada Medical Use ofMarihuana How to ApPfy - Applicants AppioationfofAuthorJzation to Possess Dried Marihuana - FormS2 fjttpllDwmiddothck1cfcoaIdh2m9marihuanalhow-aommentlappllllnt dellandeurfaqne2engphQ Date of access Sepmmber 9 2011 -I Health Canada Jnfor(natlfm For The Patient Marltmana (Cannabis) htmillfIlMhJltscgc~cadhp-mPiJalt fgrrnat51he~~~dftmarthyal1iifhOW~ oommentfappn~nt-demimi~urliflfo pati~iult~engpdf (Dare OTOOCiSS September 112(11)

15

Report to Council in Item CM-11-S1 Committee of the Whole (Continued) -9- M~ting Date October 252011

comment it is the writers view that there is a sound public policy basis for municipal by-laws that regulate and prohibit smoking in the interests of the health safety and well-being of persons Accordingly even ifthere were to be a finding that a municipal smoking by-law breaches a Charier-protected right a municipality would seek to justify the by-law under section 1 of the Charter as prescribing reasonable limits thaiare demonstrably justified in a free and democratic society

56 Ontario Human Rights Code

raquolt Ontarios Human Rights Code tCodej guarantees individualsequlti1 treatment in various areas including goods services and facilities by protecting individuals from discrimination on various grounds including discrimination related to an individuals disability

) The OAAC Recommendation does notreference the Code However if an individual who is authorized to possess marijuana were to challenge a municipal smoking by-law as discriminating contrary to the Code on the basis of disability in the area ofservices or facilities the by-law could be defended on various grounds Including as a reasonable and bona fide health and safety requirement that pr0t~cts the health and well-being of others receiving services ana using facilities to which the by-law relates $~~cifioally itculd bearguedmiddott~at t~eteJs a serious risk tOfassive inhaletsfrom siaestream manjuana smoke glvmg nsetoundue hardship

60 FINANCIAL IMPLICATIONS

) There are no financial implications associated with the recommendationin this report

(I See Marko vancioevio v Ontario (Minsterof ConsLlmer Services) (2011) [2011] (tHRTO No 1732 at 11212 Mr Ivancieevienad an Authorization to Possess marijuana pursuantto thE MMAR He filed a complaint under the Code alleging discrimination on the basiS of disability in the areaof$elVlces Specifically he challenged s 45(2) of Regulatioh 719 Licences to SeH Liquor under the UquorLicence Act which prohibited him from possessing or using marijuana in IiCenl~ed establishments He soughtan order permitting him to smoke marijuana on the uncovered patiOS of licensed premises where tobaccosrnoking is permitted by haw On Sep 1911 the Ontario Human Rights Tribunal declined to grant the order $Ought by Mr Ivancicevie including for the reason cited and concluded that insofar as the challenged provsion prohibits the smoking of medica marijuana on licences premises the [Ministry ha~] established that it is reasonably necessary to accomplish a legitimate legis1ative purpose~

1 2

Report to Council in Item CM1151 Committee of the Whole (Continued) -10- Meeting Date October 25 2011

70 RESPONSE TO THE COMMUNITY STRATEGIC PLAN

)0gt The recommendation in this report is consistent with objective C1 by enhancing health an safety

David J Potts City SOlicitor

TiJa ~Qipnal MUf1Wpafly ofDtu11am

AAA(icradltepoundi Plililii liea$l Agency

SfWIloo Excellenclii for ourCDmmfmitifJ$

Correspondence Reques1 amp~~~ Item 1

September 14 2011

Ms Sandra Kranc City Clerk City of Oshawa

Dear Ms Krane

Re Usaof ~dical Marijuana

This letter is in responsaof youilettet Re UseofMedlcalMarijuans dated June 27 2011

In your tetter on May 3 20111 the Oshawa City Council referred the recommendation from Oshawa Accessibility Advisory Committee (OAAC) to the ReglonJild Health afldSociai SeNices Committee with a request that tna Regiooili Medical Officer of Health and AooeurolsslbIDty Coordinator providecomments on the foUowing recommendation

That~ff be request~to investigate thereasibiJlty of revIsing the OShawa Accessible CLi$tomer Service training Manual to include a section on the useofmmiicalmiddotQannabis

Following the above referraiattheOAAC meeting on June 21t 2011i the OMC proposed further recommendation

The Oshawa Accessibifity AdyisoryCommitt~e recommends that Council recOgnize all citIzens i1ave the equal tJghtto taka their prestribad medication in pubI1c wfthouUear of harassmentand dlsctJmmatjOih regardless of modality as recognizedunder11ie CharterofRfghmand Freedoms

This letter will provide oomments regardIng three issues related with the proposerrecctmtnandatiQns

1 The regulation ofmarijuarleinCanada 2 Health Canadas moommendaiion regarding the consumption of

man]tuma in public places ~ S Health Canadas recommendation respecting marijuana

administrtzmon

) First marijuana is a cOniroUed substance and it is not an approved therapeutic product According t) HeaJth Canadas Pf)icy on Health Canadal3 Supply ofMarihuana Seeds and Dried MarfhtJlJna for Medical Purposes1

t Health Carnada Polfqyon Health OanadEl$ Supply of J1Ilarhl1llna Seeds and Dried MarihuarU3 for ~dfcalPurposes htPwwwhc~sGgccaldlip mj$l9lt formaisheos-sescpdrJmarihuanalsuppWrovispaiicvMpoJitiguEl- engpdf (Date of access September 9 2011)

1 4

Correspondence Request Item 1

at Cannabis (marihuana) is Included in Schedule H of the Oontrolled Drugs and Substances Act thus making af related activities including possession1 production Importation exportation trafficking sl1d possession for the purpQses of trafficking marihuana illegal in Canada unless authorized by regulation

1It Marihuana Is ntltan approved therapeutic product as it has ow been assessed by Heajth Canada for safety efficaoy and quality as requIred under the Food and Drugs Actand the Food and Drug Regulertirms

bull The Marihuana Medical Acoess ReguJatJoos(MMAR) came into effecentf on July 30 2001 the objective of the MMARmiddotis to prOVide seriou$fy (U persons residing in Ganada wIth at means to o~fn an authorIzation to possesS marfhuatla andor a ficence to prodti~ marinUSI1C1 formedical purposes

Secondly HeatthCana(Ja recommendS not consuming this controlled substance in bn~ place During the application process an applicant needs to co middottwoappfication Tonner

Form E1 t Application to Obtain Dried Marihuana2 or

Form 12 Appl1bationto Obtain Marihuana Seeds3bull

in both Forms lSi arid E2 the sectIon of Notroe to Applicants Declaration and Signatura Heath Canada smtedthefoUowinS recommendation regarding smokfngmarijuana in public pla~

Given the nature of marihuanaand the fact that the provisbm of marihuana isfor yourpers1nnaf treatm~tneeds HeaDb C~a recommends not cODjurlling tlts cQgtrcUedsubstance in a pu6lkRaoe Please tafremiddotl1ore that persons middotmiddotin charge of pubJlcor privam ~stabiishments eg bars and rS$taurants) can request thatyou ootlSffiokemarlhuana on their premises even ifyou have authoritymiddottbpossessmarihuaoa for medical purposes There may a~ be municipal by4taws that prevent smoking [0 addition others ShOlJfd not beeXposedtosecondhand ml5ril1uana smoke

~tlyI regarding the admini$iration of merihuenal in the Information For [he Patiant 4 Health Canada recommends of

a ana b ~mo in i~ MarijUana smoke

1 Health Canada Medical Use of Marihuana HQwto Apply - ApPlicants Appllcatjo1JforAUfhotlzatft)(1 to Possess Dned Marihuana ~ Form E1 http=lJWWwhc~scgccaldhp-mpsmarihuanalhow~comme]tfaQQJicant~ dsectrmJlndelirform e1-engghg (OateofaccessSeptembtr9 2Q11) Health Canada Medical Use ofMarihuana How to ApPfy - Applicants AppioationfofAuthorJzation to Possess Dried Marihuana - FormS2 fjttpllDwmiddothck1cfcoaIdh2m9marihuanalhow-aommentlappllllnt dellandeurfaqne2engphQ Date of access Sepmmber 9 2011 -I Health Canada Jnfor(natlfm For The Patient Marltmana (Cannabis) htmillfIlMhJltscgc~cadhp-mPiJalt fgrrnat51he~~~dftmarthyal1iifhOW~ oommentfappn~nt-demimi~urliflfo pati~iult~engpdf (Dare OTOOCiSS September 112(11)

15

Report to Council in Item CM1151 Committee of the Whole (Continued) -10- Meeting Date October 25 2011

70 RESPONSE TO THE COMMUNITY STRATEGIC PLAN

)0gt The recommendation in this report is consistent with objective C1 by enhancing health an safety

David J Potts City SOlicitor

TiJa ~Qipnal MUf1Wpafly ofDtu11am

AAA(icradltepoundi Plililii liea$l Agency

SfWIloo Excellenclii for ourCDmmfmitifJ$

Correspondence Reques1 amp~~~ Item 1

September 14 2011

Ms Sandra Kranc City Clerk City of Oshawa

Dear Ms Krane

Re Usaof ~dical Marijuana

This letter is in responsaof youilettet Re UseofMedlcalMarijuans dated June 27 2011

In your tetter on May 3 20111 the Oshawa City Council referred the recommendation from Oshawa Accessibility Advisory Committee (OAAC) to the ReglonJild Health afldSociai SeNices Committee with a request that tna Regiooili Medical Officer of Health and AooeurolsslbIDty Coordinator providecomments on the foUowing recommendation

That~ff be request~to investigate thereasibiJlty of revIsing the OShawa Accessible CLi$tomer Service training Manual to include a section on the useofmmiicalmiddotQannabis

Following the above referraiattheOAAC meeting on June 21t 2011i the OMC proposed further recommendation

The Oshawa Accessibifity AdyisoryCommitt~e recommends that Council recOgnize all citIzens i1ave the equal tJghtto taka their prestribad medication in pubI1c wfthouUear of harassmentand dlsctJmmatjOih regardless of modality as recognizedunder11ie CharterofRfghmand Freedoms

This letter will provide oomments regardIng three issues related with the proposerrecctmtnandatiQns

1 The regulation ofmarijuarleinCanada 2 Health Canadas moommendaiion regarding the consumption of

man]tuma in public places ~ S Health Canadas recommendation respecting marijuana

administrtzmon

) First marijuana is a cOniroUed substance and it is not an approved therapeutic product According t) HeaJth Canadas Pf)icy on Health Canadal3 Supply ofMarihuana Seeds and Dried MarfhtJlJna for Medical Purposes1

t Health Carnada Polfqyon Health OanadEl$ Supply of J1Ilarhl1llna Seeds and Dried MarihuarU3 for ~dfcalPurposes htPwwwhc~sGgccaldlip mj$l9lt formaisheos-sescpdrJmarihuanalsuppWrovispaiicvMpoJitiguEl- engpdf (Date of access September 9 2011)

1 4

Correspondence Request Item 1

at Cannabis (marihuana) is Included in Schedule H of the Oontrolled Drugs and Substances Act thus making af related activities including possession1 production Importation exportation trafficking sl1d possession for the purpQses of trafficking marihuana illegal in Canada unless authorized by regulation

1It Marihuana Is ntltan approved therapeutic product as it has ow been assessed by Heajth Canada for safety efficaoy and quality as requIred under the Food and Drugs Actand the Food and Drug Regulertirms

bull The Marihuana Medical Acoess ReguJatJoos(MMAR) came into effecentf on July 30 2001 the objective of the MMARmiddotis to prOVide seriou$fy (U persons residing in Ganada wIth at means to o~fn an authorIzation to possesS marfhuatla andor a ficence to prodti~ marinUSI1C1 formedical purposes

Secondly HeatthCana(Ja recommendS not consuming this controlled substance in bn~ place During the application process an applicant needs to co middottwoappfication Tonner

Form E1 t Application to Obtain Dried Marihuana2 or

Form 12 Appl1bationto Obtain Marihuana Seeds3bull

in both Forms lSi arid E2 the sectIon of Notroe to Applicants Declaration and Signatura Heath Canada smtedthefoUowinS recommendation regarding smokfngmarijuana in public pla~

Given the nature of marihuanaand the fact that the provisbm of marihuana isfor yourpers1nnaf treatm~tneeds HeaDb C~a recommends not cODjurlling tlts cQgtrcUedsubstance in a pu6lkRaoe Please tafremiddotl1ore that persons middotmiddotin charge of pubJlcor privam ~stabiishments eg bars and rS$taurants) can request thatyou ootlSffiokemarlhuana on their premises even ifyou have authoritymiddottbpossessmarihuaoa for medical purposes There may a~ be municipal by4taws that prevent smoking [0 addition others ShOlJfd not beeXposedtosecondhand ml5ril1uana smoke

~tlyI regarding the admini$iration of merihuenal in the Information For [he Patiant 4 Health Canada recommends of

a ana b ~mo in i~ MarijUana smoke

1 Health Canada Medical Use of Marihuana HQwto Apply - ApPlicants Appllcatjo1JforAUfhotlzatft)(1 to Possess Dned Marihuana ~ Form E1 http=lJWWwhc~scgccaldhp-mpsmarihuanalhow~comme]tfaQQJicant~ dsectrmJlndelirform e1-engghg (OateofaccessSeptembtr9 2Q11) Health Canada Medical Use ofMarihuana How to ApPfy - Applicants AppioationfofAuthorJzation to Possess Dried Marihuana - FormS2 fjttpllDwmiddothck1cfcoaIdh2m9marihuanalhow-aommentlappllllnt dellandeurfaqne2engphQ Date of access Sepmmber 9 2011 -I Health Canada Jnfor(natlfm For The Patient Marltmana (Cannabis) htmillfIlMhJltscgc~cadhp-mPiJalt fgrrnat51he~~~dftmarthyal1iifhOW~ oommentfappn~nt-demimi~urliflfo pati~iult~engpdf (Dare OTOOCiSS September 112(11)

15

TiJa ~Qipnal MUf1Wpafly ofDtu11am

AAA(icradltepoundi Plililii liea$l Agency

SfWIloo Excellenclii for ourCDmmfmitifJ$

Correspondence Reques1 amp~~~ Item 1

September 14 2011

Ms Sandra Kranc City Clerk City of Oshawa

Dear Ms Krane

Re Usaof ~dical Marijuana

This letter is in responsaof youilettet Re UseofMedlcalMarijuans dated June 27 2011

In your tetter on May 3 20111 the Oshawa City Council referred the recommendation from Oshawa Accessibility Advisory Committee (OAAC) to the ReglonJild Health afldSociai SeNices Committee with a request that tna Regiooili Medical Officer of Health and AooeurolsslbIDty Coordinator providecomments on the foUowing recommendation

That~ff be request~to investigate thereasibiJlty of revIsing the OShawa Accessible CLi$tomer Service training Manual to include a section on the useofmmiicalmiddotQannabis

Following the above referraiattheOAAC meeting on June 21t 2011i the OMC proposed further recommendation

The Oshawa Accessibifity AdyisoryCommitt~e recommends that Council recOgnize all citIzens i1ave the equal tJghtto taka their prestribad medication in pubI1c wfthouUear of harassmentand dlsctJmmatjOih regardless of modality as recognizedunder11ie CharterofRfghmand Freedoms

This letter will provide oomments regardIng three issues related with the proposerrecctmtnandatiQns

1 The regulation ofmarijuarleinCanada 2 Health Canadas moommendaiion regarding the consumption of

man]tuma in public places ~ S Health Canadas recommendation respecting marijuana

administrtzmon

) First marijuana is a cOniroUed substance and it is not an approved therapeutic product According t) HeaJth Canadas Pf)icy on Health Canadal3 Supply ofMarihuana Seeds and Dried MarfhtJlJna for Medical Purposes1

t Health Carnada Polfqyon Health OanadEl$ Supply of J1Ilarhl1llna Seeds and Dried MarihuarU3 for ~dfcalPurposes htPwwwhc~sGgccaldlip mj$l9lt formaisheos-sescpdrJmarihuanalsuppWrovispaiicvMpoJitiguEl- engpdf (Date of access September 9 2011)

1 4

Correspondence Request Item 1

at Cannabis (marihuana) is Included in Schedule H of the Oontrolled Drugs and Substances Act thus making af related activities including possession1 production Importation exportation trafficking sl1d possession for the purpQses of trafficking marihuana illegal in Canada unless authorized by regulation

1It Marihuana Is ntltan approved therapeutic product as it has ow been assessed by Heajth Canada for safety efficaoy and quality as requIred under the Food and Drugs Actand the Food and Drug Regulertirms

bull The Marihuana Medical Acoess ReguJatJoos(MMAR) came into effecentf on July 30 2001 the objective of the MMARmiddotis to prOVide seriou$fy (U persons residing in Ganada wIth at means to o~fn an authorIzation to possesS marfhuatla andor a ficence to prodti~ marinUSI1C1 formedical purposes

Secondly HeatthCana(Ja recommendS not consuming this controlled substance in bn~ place During the application process an applicant needs to co middottwoappfication Tonner

Form E1 t Application to Obtain Dried Marihuana2 or

Form 12 Appl1bationto Obtain Marihuana Seeds3bull

in both Forms lSi arid E2 the sectIon of Notroe to Applicants Declaration and Signatura Heath Canada smtedthefoUowinS recommendation regarding smokfngmarijuana in public pla~

Given the nature of marihuanaand the fact that the provisbm of marihuana isfor yourpers1nnaf treatm~tneeds HeaDb C~a recommends not cODjurlling tlts cQgtrcUedsubstance in a pu6lkRaoe Please tafremiddotl1ore that persons middotmiddotin charge of pubJlcor privam ~stabiishments eg bars and rS$taurants) can request thatyou ootlSffiokemarlhuana on their premises even ifyou have authoritymiddottbpossessmarihuaoa for medical purposes There may a~ be municipal by4taws that prevent smoking [0 addition others ShOlJfd not beeXposedtosecondhand ml5ril1uana smoke

~tlyI regarding the admini$iration of merihuenal in the Information For [he Patiant 4 Health Canada recommends of

a ana b ~mo in i~ MarijUana smoke

1 Health Canada Medical Use of Marihuana HQwto Apply - ApPlicants Appllcatjo1JforAUfhotlzatft)(1 to Possess Dned Marihuana ~ Form E1 http=lJWWwhc~scgccaldhp-mpsmarihuanalhow~comme]tfaQQJicant~ dsectrmJlndelirform e1-engghg (OateofaccessSeptembtr9 2Q11) Health Canada Medical Use ofMarihuana How to ApPfy - Applicants AppioationfofAuthorJzation to Possess Dried Marihuana - FormS2 fjttpllDwmiddothck1cfcoaIdh2m9marihuanalhow-aommentlappllllnt dellandeurfaqne2engphQ Date of access Sepmmber 9 2011 -I Health Canada Jnfor(natlfm For The Patient Marltmana (Cannabis) htmillfIlMhJltscgc~cadhp-mPiJalt fgrrnat51he~~~dftmarthyal1iifhOW~ oommentfappn~nt-demimi~urliflfo pati~iult~engpdf (Dare OTOOCiSS September 112(11)

15

Correspondence Request Item 1

at Cannabis (marihuana) is Included in Schedule H of the Oontrolled Drugs and Substances Act thus making af related activities including possession1 production Importation exportation trafficking sl1d possession for the purpQses of trafficking marihuana illegal in Canada unless authorized by regulation

1It Marihuana Is ntltan approved therapeutic product as it has ow been assessed by Heajth Canada for safety efficaoy and quality as requIred under the Food and Drugs Actand the Food and Drug Regulertirms

bull The Marihuana Medical Acoess ReguJatJoos(MMAR) came into effecentf on July 30 2001 the objective of the MMARmiddotis to prOVide seriou$fy (U persons residing in Ganada wIth at means to o~fn an authorIzation to possesS marfhuatla andor a ficence to prodti~ marinUSI1C1 formedical purposes

Secondly HeatthCana(Ja recommendS not consuming this controlled substance in bn~ place During the application process an applicant needs to co middottwoappfication Tonner

Form E1 t Application to Obtain Dried Marihuana2 or

Form 12 Appl1bationto Obtain Marihuana Seeds3bull

in both Forms lSi arid E2 the sectIon of Notroe to Applicants Declaration and Signatura Heath Canada smtedthefoUowinS recommendation regarding smokfngmarijuana in public pla~

Given the nature of marihuanaand the fact that the provisbm of marihuana isfor yourpers1nnaf treatm~tneeds HeaDb C~a recommends not cODjurlling tlts cQgtrcUedsubstance in a pu6lkRaoe Please tafremiddotl1ore that persons middotmiddotin charge of pubJlcor privam ~stabiishments eg bars and rS$taurants) can request thatyou ootlSffiokemarlhuana on their premises even ifyou have authoritymiddottbpossessmarihuaoa for medical purposes There may a~ be municipal by4taws that prevent smoking [0 addition others ShOlJfd not beeXposedtosecondhand ml5ril1uana smoke

~tlyI regarding the admini$iration of merihuenal in the Information For [he Patiant 4 Health Canada recommends of

a ana b ~mo in i~ MarijUana smoke

1 Health Canada Medical Use of Marihuana HQwto Apply - ApPlicants Appllcatjo1JforAUfhotlzatft)(1 to Possess Dned Marihuana ~ Form E1 http=lJWWwhc~scgccaldhp-mpsmarihuanalhow~comme]tfaQQJicant~ dsectrmJlndelirform e1-engghg (OateofaccessSeptembtr9 2Q11) Health Canada Medical Use ofMarihuana How to ApPfy - Applicants AppioationfofAuthorJzation to Possess Dried Marihuana - FormS2 fjttpllDwmiddothck1cfcoaIdh2m9marihuanalhow-aommentlappllllnt dellandeurfaqne2engphQ Date of access Sepmmber 9 2011 -I Health Canada Jnfor(natlfm For The Patient Marltmana (Cannabis) htmillfIlMhJltscgc~cadhp-mPiJalt fgrrnat51he~~~dftmarthyal1iifhOW~ oommentfappn~nt-demimi~urliflfo pati~iult~engpdf (Dare OTOOCiSS September 112(11)

15

Correspondence Reques1 Item 1

contains many of the same carcinogelnicchemicetsfound in tobacco smoke~ Them have been studies showing inomalied incidence of chronic obstructive lung dftease end d$OOClsing hm~ function in people Llslng marijuana Further research is needed to study the second~hand smoke from exposure to marijutllna

h1 ~mmary~ marijuana iSfma substance regLlfatEld by the Government of Catilatla My proposed change of municipal law pblicy and procedures to iho~$e Its acces$l should take theadverse human health impacts as outlined by Hearth Canada into account

SSc MO MIiS~~CCFP FRCPC issloner amp MedioaJQfflef ofHealth

co Tracey Tyner CavtinaShDr Hong Ge Lynda lawson

1 6

Correspondence RequestItem 1

Mor~ information aboufdicaj Marijuana 11 Marihuana Medical Aaeess RegulmiOfl$ htmmawsshy

loisyti~get9a~ElSOR2001-227ggf(Oiill$ of access September 92011)

HealthCanadaj Information forNeslin CSfflProfessionas Marihuana (martiilana cannabis) drledplantfaf admfnistratioR by Ingestkm or Qth~t means PsychQfJ(tiiJa agenthttnllwwwh~scgC6G~dbR mpslalt formatshecs~sasolpdfmiarlhuaoalfJaw- commantfmadpragtlinroproflmarijuSlrliIDonogrmtheOgmdf (Date of access ~tember9~011)

011 Health Cana~ Policy 00 ~alijl CanadasSlIpplymiddotof MarthUEna Seeds anti Dried MatituenaJar Medipai PtmIoses htmIwwwJ1cwSOgc~caldhpc mHlaJt fo~thjQsectsectescglmarlhuanalsupplyapprovtWpal~ o1tuJa~Elnglpdf (Pare Of aC(laSsSeptember 9 2011)

Health Canad~Medka1 Use ofMlllrihuanafow to Appfy-JppUcanfs rihua ~~

(Oata or accessIampVptember9

Health qanada M~d~IuSEI ofiVarihuanaHow to Apply - AppUttants ApplicatiOilforAQ~ri~a~t)n to PG~~s tiried MalihUFifjs - rormE1 httLU~hc~sc~dMmgtslfitrlhuanalmowcommentlappliQsectntshydemaurlfQrme1sng~gbg (Damofaooess September 9 2(11)

lI Health Canadei Proposed Improvem$IJts to HfJaIth Canadas Marfhutma Medical AcceSSProgram hifplWWWhcscgcgaldhra mlils1censUlttlonarihliIDar2011mggramlqIDsult-engphp (Daieof acce~st SeptemberSl2D11)

poundJzen (Date access September 9 2(11)

17

Correspondence RequestItem 1

Mor~ information aboufdicaj Marijuana 11 Marihuana Medical Aaeess RegulmiOfl$ htmmawsshy

loisyti~get9a~ElSOR2001-227ggf(Oiill$ of access September 92011)

HealthCanadaj Information forNeslin CSfflProfessionas Marihuana (martiilana cannabis) drledplantfaf admfnistratioR by Ingestkm or Qth~t means PsychQfJ(tiiJa agenthttnllwwwh~scgC6G~dbR mpslalt formatshecs~sasolpdfmiarlhuaoalfJaw- commantfmadpragtlinroproflmarijuSlrliIDonogrmtheOgmdf (Date of access ~tember9~011)

011 Health Cana~ Policy 00 ~alijl CanadasSlIpplymiddotof MarthUEna Seeds anti Dried MatituenaJar Medipai PtmIoses htmIwwwJ1cwSOgc~caldhpc mHlaJt fo~thjQsectsectescglmarlhuanalsupplyapprovtWpal~ o1tuJa~Elnglpdf (Pare Of aC(laSsSeptember 9 2011)

Health Canad~Medka1 Use ofMlllrihuanafow to Appfy-JppUcanfs rihua ~~

(Oata or accessIampVptember9

Health qanada M~d~IuSEI ofiVarihuanaHow to Apply - AppUttants ApplicatiOilforAQ~ri~a~t)n to PG~~s tiried MalihUFifjs - rormE1 httLU~hc~sc~dMmgtslfitrlhuanalmowcommentlappliQsectntshydemaurlfQrme1sng~gbg (Damofaooess September 9 2(11)

lI Health Canadei Proposed Improvem$IJts to HfJaIth Canadas Marfhutma Medical AcceSSProgram hifplWWWhcscgcgaldhra mlils1censUlttlonarihliIDar2011mggramlqIDsult-engphp (Daieof acce~st SeptemberSl2D11)

poundJzen (Date access September 9 2(11)

17

Correspondence Reques1 Item 1

bull Canadian Cencer$ociety Gat tha facts Fraquanty askmJ qaestons ~boutmarijuana anti cancer rfsksoflong-term nureaoona8J11fJking of marijuana htt lJwwwGancer~caICatladamp-

bull TWang eta Adverseeffectsofmedioaf aannabfraquoofds a systematiC review CMAJ June 17 2008 bull 17S13

lOaganhardt etc Theadvese effects ofcannabinoyends implications for use ofmedicai marijuana CMAJ it June 17 200$ bull 178(13)

iii insfituteofMedldne Marijuana and medicine Assessing the ~ienaa baseJOf J E WatsonrSJ and Benson J A ecliflm Washingfonac Nfltiqne Academy Pr~ 1999 btm~lldoYintoadnaQeguampStalqgregpmCilro iQ8376 (bate of access September S 2011)

18

orrespondence Request t Health Sante

Canadia Canada

lNFORMATrONFORTHE pATIENT

Mnrliulnna (Cannabis)

This leafletispubli~hed by Health Canada for patients who have been authorit-e~ by Health Canada10 possess dried mari)luana

Tbis leaflet is designedfOfilftlentsbased on the dGeumerit IpormcHfol1 for l1eattl1Care Profe$io17ais on dried marihuana pubUshedby Health Canada The information in this I~attetisderived frompllbli~hed literature It is a summary onfyand wi11 nllttell YOll everything nbout marihuana Coilta(lty~mrdo~rol ifqu have any questions

Marilmann mnot an npprovedtheMipeutie prqdud and the plOvisinn GfthkmfOrmatronsf1011ldnotb~ int~fp~ed as I)n endampfSmmmtnfthense ofthi$prndnet or matilnaMg~nmi1yljyHeaUh Canabullbull

Since tllis m~huana produot has notbeen authotked through the Health Canadadrug apProval prruess its safety

andeffieaoy have notbeen esmbHstwcL

The use ofthis product involves risks to health sOO1eof whill maynoi be known orfully Ilndemood

What it does bull Cli)nmmillg marihuana often produceseuphoria

relmtatlqlli tirncdiruortiop perception ofenhanced sensofY experienoes and loss of inllibitions

WhAtthe aotile ingmdients nUibthe bull Tetrahydrocannabinol eTHC) bull Cannabhtol bull Ctuumbidiol

Whatthe ob~r ingredient might be bull There maybe mare than 60othJlrcannabinoids bull Many of~ substli1nces found in tobacco smtlke l1ave

been found in macihUMa smoke as wen

HOlV thisQllduct is supplieq bull Dried marihuana plant material

dNlI Cana a

You have heart diSease You have asthma chronic Qbstructive pulmonatj di$eas~ or other disease ofthe airways You have a bistory ofaklohol abuse or dependence You llave Ii histofY ofdlUg abuse or dependence You have a history ofaserious mental disorder

WHEN 1mS PRODUOTSHOULD NOTBI lJSED bull Ifyou areaJlergio to anycannabinoid otto smoking

Ffyounave ahistoty ofseripus menUldlSOrder wcllmiddotasmiddot schizopnremaordepression

lfYQuare pregnant or planning to get pregnant III addition to the tisk ofsmoJcing the use ofmarihuana when YQU are ptegnantmay be a risk factor rorsudden infimt death zYlldrome Uterine exposure to marihuana may also1lallsebena1ioural (attentionlproblemsin the child

rfycnlarenursii1~ Tbere mny be other conditonswnere this protlmt shQuld Dot be usld butw~sre unbown4un to nmi~dscimltifieinformaJiQ$

lilTyou have not consumed marihuana btlore it would be ptudentto have someone with you thefirst time you use it tis important to start by usIng small quantities Stop ifyoubegin to feel confused ot a~itated

1gt Aft~r you stop using marihuana it remains jnyout SYjiwm fur several weeks Therefore durlnampthhi time tests Hurt scroonfor marihmltlamay be positive

19

orrespondence Request t Health Sante

Canadia Canada

lNFORMATrONFORTHE pATIENT

Mnrliulnna (Cannabis)

This leafletispubli~hed by Health Canada for patients who have been authorit-e~ by Health Canada10 possess dried mari)luana

Tbis leaflet is designedfOfilftlentsbased on the dGeumerit IpormcHfol1 for l1eattl1Care Profe$io17ais on dried marihuana pubUshedby Health Canada The information in this I~attetisderived frompllbli~hed literature It is a summary onfyand wi11 nllttell YOll everything nbout marihuana Coilta(lty~mrdo~rol ifqu have any questions

Marilmann mnot an npprovedtheMipeutie prqdud and the plOvisinn GfthkmfOrmatronsf1011ldnotb~ int~fp~ed as I)n endampfSmmmtnfthense ofthi$prndnet or matilnaMg~nmi1yljyHeaUh Canabullbull

Since tllis m~huana produot has notbeen authotked through the Health Canadadrug apProval prruess its safety

andeffieaoy have notbeen esmbHstwcL

The use ofthis product involves risks to health sOO1eof whill maynoi be known orfully Ilndemood

What it does bull Cli)nmmillg marihuana often produceseuphoria

relmtatlqlli tirncdiruortiop perception ofenhanced sensofY experienoes and loss of inllibitions

WhAtthe aotile ingmdients nUibthe bull Tetrahydrocannabinol eTHC) bull Cannabhtol bull Ctuumbidiol

Whatthe ob~r ingredient might be bull There maybe mare than 60othJlrcannabinoids bull Many of~ substli1nces found in tobacco smtlke l1ave

been found in macihUMa smoke as wen

HOlV thisQllduct is supplieq bull Dried marihuana plant material

dNlI Cana a

You have heart diSease You have asthma chronic Qbstructive pulmonatj di$eas~ or other disease ofthe airways You have a bistory ofaklohol abuse or dependence You llave Ii histofY ofdlUg abuse or dependence You have a history ofaserious mental disorder

WHEN 1mS PRODUOTSHOULD NOTBI lJSED bull Ifyou areaJlergio to anycannabinoid otto smoking

Ffyounave ahistoty ofseripus menUldlSOrder wcllmiddotasmiddot schizopnremaordepression

lfYQuare pregnant or planning to get pregnant III addition to the tisk ofsmoJcing the use ofmarihuana when YQU are ptegnantmay be a risk factor rorsudden infimt death zYlldrome Uterine exposure to marihuana may also1lallsebena1ioural (attentionlproblemsin the child

rfycnlarenursii1~ Tbere mny be other conditonswnere this protlmt shQuld Dot be usld butw~sre unbown4un to nmi~dscimltifieinformaJiQ$

lilTyou have not consumed marihuana btlore it would be ptudentto have someone with you thefirst time you use it tis important to start by usIng small quantities Stop ifyoubegin to feel confused ot a~itated

1gt Aft~r you stop using marihuana it remains jnyout SYjiwm fur several weeks Therefore durlnampthhi time tests Hurt scroonfor marihmltlamay be positive

19

MarilnlflJla may mteract l1Iitir severaldlugi Tellyour doctor wlrfei1pl8Scriptioll dntgl )J(JnprescriptiDl1 dHlguwd ltslDaipnJtucls )l(J1I are ClIrrtmt1j1tflirblg pailicmlarly

Any drugs that slow dQwntbe central nervous system causmg drQwsin~ This may include sleeping pHis tranquilizers some pain m~dications some antihistamines or cold m~icationS orsei2ure medications

AntiviralrlrugsuseQ itithetri$tfi1ent ofAIDS

Srnokingmiddotis not~ommemiea Some indlvidtmlsuse marlfluana in foods teas orwith a vaporiser

Begin with smail atr1ounts inctease the amount of marihUpoundIrnl sloWll~

Correspondence Request Item 1

bull ltirhtmer consumins rnarihuarut you may get diezyor feelfiiint when you getUJ trolil a lying or~itffngtgtositioll Try getting up more sioWly fiying dmvn sit on tbe edge ofthe hed audlet your fhet dangle tor 1 tQ2minlltes then stand up simvly

Frgm LOU2-1ttInuse ~ Wheezing Ill a chtonic ccuJgn ifthe productis smoked bull May iUlpair shortterm mlinmY aftewi~ and

OOrtoenttatian These effects continue afterynusw using marihuana and increase wit1l1onger periods~tise

lQEP THIS PRontlCr OUT OF aEACH OF crULDREN

Stop ~nsuming fyQU begin ~(eelconmsed olagjtated~ iaht lleruieddizzy or ira rapidb~rnteoocurs Siydown

untii tb~ reeling pasl16i

IJsectuii jJose The cligtse of marihuana will be difrereni for eaab persrm If you havent used rnarlhuntm or this product befute you should start with asmaU dllse and increase it~IQwlYuntil you reach a comfortable dai1ydose

Oz~ose S~tnptoms ofoverdose artrsleepiness confuSion olumsiness faint1ngmiddotdininess~ dry mouth and fast slow or pounding h~eat Thase ~the same effects that are oft~tl ~ierted when you $~ using marihmmn lithey pe$i~or are trQublesomecaU your doctor cr go tQthe hospitfd

Ottawa ONIlt1A IB~

From Initial Ulii When you first start consuming marlbWiPpoundI you may

expenenmlmood reactions $U~1l as mtxiety parnn~~a agitation)amnesia delusions or haHucinlltions Ifthi$ liarapensstop consuming marihuana iinmecUately

bull Fast heartbeat this may be more ofa problem ifyou have heart disease

bull Facial flushing til ren ~y6i

NOTE Boftjrecol1tlictiitgHealtb Clmofit1 YCll slumd c(mtactYOlul1llysiciuu

To monitor drugsafetyHealth Canada QoUects lnfQtiiJation on serltnts and lln~pected effects ofdrugs Tfyon suspeot you have aserlousor unexpected reaction ta1hisproduct you may ntjtlfy Beat1hCanada by

1olJtTeetelephone 186~234-2345 1QU-ft~ fax l-J~6-6116189 ByemaH cadrmphescgcm

lay reglliar maif Canadian Adl~se Drug ~~CtiDnMonltoring Program (CADRMP) HealthCan~a AddtUiLoolltor 02QlC2

Thisdooumeflt plustbefull information document for health care professionruscan he found at httQllwwwhealthci1t1ad~gfMalmma

middot20

Correspondence Request Item1

September 131 2011

Ms Sandra Krane City Clerk City ofOshawa

Re Use of Medical Marijuana

Please find this correspondence in response to a request made by City of Oshawa on June 272011 regarding use of medical marijuana Information in training materials provided by the Region of Durham

As the RegIonal Accessibility Coorofn8torrfacUitatetraining on the Accessibility for Ontarians with Disabilities Actl 2005 (AOOA) Customer SeNice Standard This traIning is Pliovided to Regional middotstaffbullcontract workers and volunteers The level oftraining received is depemjent on the level of interaction that attendees have with the public 80th Durham Regional Police Services and Durham Region Transit receive training through a-reaming programs

Since 2006 the Region of Dutilam has been providing its training 011 Accessible Oustomer SeuroHvke which NUl continue for newemployees1

volunteers and contract workers on an ongoing basis In order to meet legislative requirements under Ontario Regulation 42907 the training involves

i$ Review of the purpose and requirements of AODA and its Customer Service Standard

bull Instruction on how to communicate and interact with persons with various disabilities

21

Correspondence Request Item 1

Awareness of disability types

Understanding and provisions for assistive devices support persons and service anfmaJs

bull Knowledge of protocols for service disruption as well as the accessible feedback process

Disabilities are discIJssedintraining sessions in a very broad perspective to address the various types and bring awareness to both

visible and nonvisible disabilities Training doesnotaJlow for specific dlsabmty information reJated to treatmentst causes or medicinal needs such aSt medicat cannabis The focus of aVisreness pertains to equality for persons with disabUities with the principies of dignity~ integrationand independence

SessIons do include open discussion whereby specific questionsmiddot or situaticinsonaccessibHityand disabilities can be raised To datel

th$re ha~ not been a fulsome discussion as result ofenqukies or cU$tomerservicamatiers associated with medicinal marijuana

SInce the use of med~cai cannabis is a specific and individual treatmentwhich is prescribed by a doctor it is ourwew that it does not faU within our customer service training program except in the general way of promoting8warenss$QfaU disabilities

Respectfuny

Tracey Tyner Cavanagh Accessibility Coordinatorj

Office of the Regional Chair amp Chief Administrative Officer

C Dr Robert Kyle Medical Officer of Health Lynda Lawsclnl Accessibility Coordinaotr

22

Correspondence Request Item 1

Awareness of disability types

Understanding and provisions for assistive devices support persons and service anfmaJs

bull Knowledge of protocols for service disruption as well as the accessible feedback process

Disabilities are discIJssedintraining sessions in a very broad perspective to address the various types and bring awareness to both

visible and nonvisible disabilities Training doesnotaJlow for specific dlsabmty information reJated to treatmentst causes or medicinal needs such aSt medicat cannabis The focus of aVisreness pertains to equality for persons with disabUities with the principies of dignity~ integrationand independence

SessIons do include open discussion whereby specific questionsmiddot or situaticinsonaccessibHityand disabilities can be raised To datel

th$re ha~ not been a fulsome discussion as result ofenqukies or cU$tomerservicamatiers associated with medicinal marijuana

SInce the use of med~cai cannabis is a specific and individual treatmentwhich is prescribed by a doctor it is ourwew that it does not faU within our customer service training program except in the general way of promoting8warenss$QfaU disabilities

Respectfuny

Tracey Tyner Cavanagh Accessibility Coordinatorj

Office of the Regional Chair amp Chief Administrative Officer

C Dr Robert Kyle Medical Officer of Health Lynda Lawsclnl Accessibility Coordinaotr

22