(1) What is illegal under the Medicinal Cannabis Industry Act, 2019?
Under the Medicinal Cannabis Industry Act, 2019, it is an offence for persons:
- To (1) sell, (2) offer for sale or (3) offer for free distribution medicinal cannabis, cannabis or any derivatives or samples thereof at any convention, trade show or public or private event.
- To have medicinal cannabis in his or her possession if that person is not authorised to use or licensed to use medicinal cannabis.
- To sell medicinal cannabis that is obtained under a prescription issued.
- To have another person who is not authorised to use medicinal cannabis to use medicinal cannabis.
- To make a representation in relation to a medical condition to a medical practitioner or fraudulently provide material misinformation to the medical practitioner in order to obtain a prescription for medicinal cannabis.
- To knowingly obtain, seek to obtain, or have in their possession, individually or collectively, an amount of medicinal cannabis from a pharmacy or therapeutic facility that would cause either the patient or the caregiver to exceed the prescribed amount that they are authorised to have in their possession.
Any person who is guilty of these offences is liable on conviction on indictment to a fine of 15 times the value of the medicinal cannabis or imprisonment for a term of 10 years or both pursuant under the Barbados Medicinal Cannabis Industry Act, 2019.
(2) Can a person consume medicinal cannabis without a prescription?
A patient can only access medicinal cannabis via prescription by a medical practitioner. That prescription can only be filled by a pharmacist or authorised personnel in a pharmacy of a therapeutic facility.
A person who uses or consumes medicinal cannabis without being authorised to use medicinal cannabis by a prescription from a medical practitioner is guilty of an offence and is liable on conviction on indictment to a fine of $100,000, or to imprisonment for a term of 10 years, or both.
(3) Can a minor be prescribed medicinal cannabis?
A parent or guardian of a patient who is a minor (a patient who is under the age of 18) shall obtain a certificate in writing from a medical practitioner certifying that the use of medicinal cannabis is necessary in the case of a minor.
Additionally, the parent or guardian shall also consent in writing to the use of medicinal cannabis for the treatment of the minor.
(4) What is a therapeutic facility for medicinal cannabis?
A therapeutic facility is a property operated by a person granted a retail distributor license to:
- sell, dispense or provide medicinal cannabis prescribed by a medical practitioner; and
- provide facilities and other medicinal or therapeutic requirements to allow a patient who has purchased prescribed medicinal cannabis to use or consume that medicinal cannabis on the premises for therapeutic purposes.
(5) What type of license can you apply for under the Barbados Medicinal Cannabis Industry Act, 2019?
Persons interested in participating in the Barbados Medicinal Cannabis Industry will be able to apply for one or more of the following eight (8) licenses:
- Retail Distribution (Therapeutic)
- Research & Development