I don't think so, not if they can't access treatment. As Dr. Gupta said, people are discriminated against in two ways: first, they may not have access to treatment; and, second, they won't get access to MAID.
There has to be a significant record of treatment attempts, and they'll have to have had the time to have an exhaustive conversation with the patients. Then they can reach that conclusion, as they would for someone with a major physical problem.
However, if people don't have access to services, I don't think they can access MAID. That's very clear the way track two is currently laid out.