The MMAR allowed authorized individual users to produce
marijuana under a Personal-use Production Licence (“PPL”) and
also allowed another person to produce marijuana for an authorized user under a Designated-person Production Licence (“DPL”).
A DPL-holder could produce for more than one authorized user;
DPL-holders could also produce in common. The MMAR did not
however permit a PPL-holder or DPL-holder to delegate their
authorization. Put another way, they did not permit assistants.
 On June 7, 2013, the MMAR were repealed and replaced
with the MMPR. The MMPR eliminated PPLs and DPLs and set
up a licensed producer (“LP”) regime. The MMPR were struck
down as being unconstitutional (subject to a six-month suspension of the declaration) on February 24, 2016: Allard v. Canada,
 F.C.J. No. 195, 2016 FC 236, 349 C.R.R. (2d) 86.
 The ACMPR were enacted on August 24, 2016. The
ACMPR provide for the commercial production of medical marijuana, personal production for one’s own medical purposes as well
as production by a designated person. However, like licences
under the MMAR, personal and designated producer licences
under the ACMPR do not permit the holder to hire employees, or
to delegate their authorization to any other person.
E. The Pham Appeal (1,110 Plants)
 Ms. Pham was the only person present in a three-bedroom
apartment in a high-rise building when she was arrested on February 28, 2013. The apartment contained 1,110 marijuana
plants. The state of the apartment made it clear that the sole
purpose of the leased premises was to grow marijuana; moreover, it was apparent that that activity had been taking place for
at least a year.
 Ms. Pham was charged with one count of producing
marijuana and one count of possessing marijuana for the purpose of trafficking. On March 3, 2015, a jury found her guilty
on both counts.
 After the trial judge became ill, the Pham sentencing
judge dealt with Ms. Pham’s s. 12 Charter application and the
and/or produce marijuana under the MMAR and meet the terms of the
Allard injunction may continue to possess and produce marijuana under the
existing terms of their authorizations to possess and licences to produce.