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Edible cannabis, cannabis extracts and cannabis topicals are to be legalized by October 17, 2019
In line with the December 2018 Regulatory Impact Analysis Statement[1], Health Canada has finalized its Final Regulations for New Cannabis Products: Edible Cannabis, Cannabis Extracts and Cannabis Topicals (“Final Regulations”), which it released on June 14, 2019[2]. To allow for the legalization of edible cannabis, several legislative amendments will have to be made to the Cannabis Act[3], amongst other pieces of legislation.
Considering the composition and ingredients of edible cannabis, cannabis extracts and topicals, other laws and/or regulations must be complied with, including for example: (i) the Cannabis Act and its regulations; (ii) the Food and Drugs Act[4] (i.e., for use of food and food additives, flavoring agents, in various forms of cannabis), (iii) the Tobacco and Vaping Products Act[5](i.e., list of ingredients that are prohibited in vaping products); (iv) the Pest Control Products Act[6]; (v) Cosmetic Regulations[7], (vi) Safe Food for Canadians Act[8], and (vii) their corresponding regulations, as well as other pieces of federal and provincial legislation , official documents and policies, which may be triggered. Regulatory controls for edible cannabis, cannabis extracts and topicals are strict and include restrictions on product composition and ingredients, tetrahydrocannabinol (THC) limits, packaging/labelling requirements[9], amongst many other considerations. The Final regulations are imposed to protect public safety, where controlling access to underage individuals is one of the main concerns.
In addition, considering the emerging interest in cannabis-infused beverages, we shall continue monitoring this space to determine if restrictions/prohibitions regarding mixed products (i.e., “cannabis-infused alcoholic beverages, or cannabis products with tobacco, nicotine or caffeine”) will be relaxed. We shall keep monitoring the Federal Government of Canada’s progress on these matters and will be posting further information once it becomes available. The Final Regulations for New Cannabis Products can be found here.
Should you require any additional information regarding the above, please do not hesitate to contact us for further information.
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as legal advice.
[1] Canada Gazette, Part I, Volume 152,
Number 51: Regulations Amending the Cannabis Regulations (New Classes of Cannabis) of December 22nd, 2018, available at: http://www.gazette.gc.ca/rp-pr/p1/2018/2018-12-22/html/reg4-eng.html.
[2] See: https://www.canada.ca/en/health-canada/news/2019/06/health-canada-finalizes-regulations-for-the-production-and-sale-of-edible-cannabis-cannabis-extracts-and-cannabis-topicals.html and ; and https://www.justice.gc.ca/eng/cj-jp/cannabis/.
[3] S.C. 2018, c. 16, available at: https://laws-lois.justice.gc.ca/eng/acts/C-24.5/.
[4] (R.S.C., 1985, c. F-27), available at: https://laws-lois.justice.gc.ca/eng/acts/f-27/.
[5] (S.C. 1997, c. 13), available at: https://laws-lois.justice.gc.ca/eng/acts/T-11.5/ . See also: https://www.canada.ca/en/health-canada/services/health-concerns/tobacco/legislation/federal-laws/tobacco-act.html.
[6] S.C. 2002, c. 28, available at: https://laws.justice.gc.ca/eng/acts/P-9.01/index.html.
[7] (C.R.C., c. 869), available at: https://laws-lois.justice.gc.ca/eng/regulations/c.r.c.,_c._869/index.html.
[8] (S.C. 2012, c. 24), available at: https://laws-lois.justice.gc.ca/eng/acts/S-1.1/.http://www.inspection.gc.ca/about-the-cfia/acts-and-regulations/regulatory-initiatives-and-notices-of-intent/sfca/eng/1338796071420/1338796152395
[9] Canada Gazette, Part I, Volume 152, Number 51: Regulations Amending the Cannabis Regulations (New Classes of Cannabis) available at: http://www.gazette.gc.ca/rp-pr/p1/2018/2018-12-22/html/reg4-eng.html