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Bulletin

Cannabis Edibles, Extracts and Topicals and Other Recent Updates to Cannabis Regulations

Fasken
Reading Time 4 minute read
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Cannabis Bulletin

On June 14, 2019, Health Canada announced amendments to the Cannabis Regulations (the "Regulations") setting out the rules governing the legal production and sale of edible cannabis, cannabis extracts and cannabis topicals. While the Regulations will come into force on October 17, 2019, Health Canada has indicated that cannabis products will not be made available to the public for purchase until at least mid-December 2019. Starting from October 17, licensed producers are required to give 60-days' notice to Health Canada, detailing their intention and plans to sell new cannabis products. Proposed products, to be assessed on a case-by-case basis, will be subject to prior Health Canada approval. Federal and provincial license holders will thus have more time to familiarize themselves with the new rules and preparing for the sale of these new cannabis products.

The Regulations permit the production of a broad range of cannabis products, the intent of which, as before, is to displace all illegal cannabis products. However, the Regulations contain strict restrictions on product composition, ingredients and THC content as well, consistent with the current regulations, on packaging, labeling and marketing activities. Specifically, there is a strict limit of 10 milligrams of THC per discrete unit for edibles and extracts, while 1000 milligrams per package for cannabis topicals will be permitted. The product's packaging must be plain and child-resistant, and display the standardized cannabis symbols along with a health warning message. In order to prevent food-borne illness and cross-contamination, the production of food and cannabis must be done in completely separate facilities. For a more detailed summary of the Regulations, please see the chart following this Bulletin.

Other recent regulatory changes include a more stringent licensing process. According to Health Canada's announcement in May, new applicants for cannabis licences under the Cannabis Act are now required to have a fully-built site that meets all the requirements of the Cannabis Act and Regulations prior to submitting an application. Existing applicants are exempt from this requirement, but remain subject to a detailed review following the completion of their sites. This is intended to ease Health Canada's burden of review (thereby increasing efficiency in the application review process) by eliminating pre-emptive and un-developed applications.

It is expected that Health Canada will focus its efforts on public education and awareness building leading up to the legalization of new cannabis products. Fasken will continue to monitor regulatory updates and provide insights to industry stakeholders.   

 

 

EDIBLE CANNABIS (EATING OR DRINKING) 

CANNABIS EXTRACT (INGESTING) 

CANNABIS EXTRACT (INHALING) 

CANNABIS TOPICAL (APPLYING TO SKIN, HAIR, NAILS)

THC LIMIT 

 • 10 mg of THC per package

 10 mg of THC per unit (such as a capsule) or dispensed amount

 • 1000 mg of THC per package

 1000 mg of THC per package

 1000 mg of THC per package

PRODUCT RULES 

 No added vitamins or minerals

 No nicotine or added alcohol

 • Limits on caffeine

  No added vitamins or minerals

 • No nicotine

 • No caffeine

  No sugars, sweeteners or colours

 • No added vitamins or minerals

 • No nicotine alcohol

 • No caffeine

 • No sugars, colours or sweeteners

 No nicotine or alcohol

 For use only on skin, hair and nails

 • Not for use in eyes or on damaged skin

PACKAGING 

 • Child-resistant

 • Plain

 • Child-resistant

 • Plain

 • Maximum package size of 90 mL for liquid extracts if under 3% THC

 • Must include dispensing device if not in unit form

 • Maximum package size of 7.5 for solid extracts if over 3% THC

  Child-resistant

 • Plain

 • Maximum package size of 90 mL for liquid extracts if under 3% THC

 • Maximum package size of 7.5 g for solid extracts if over 3% THC

 • Child-resistant

 • Plain

LABEL  

 • Standardized cannabis symbol for products containing THC

 • Health Warning Message

 • THC/CBD content

 • Equivalency to dried cannabis to determine public possession limit

 • Ingredient list

 • Allergens

 • Nutrition Facts table

 • Standardized cannabis symbol for products containing THC

 • Health Warning Message

 • THC/CBD content

 • Equivalency to dried cannabis to determine public possession limit

 • Ingredient list

 • Intended use

 • Standardized cannabis symbol for products containing THC (directly on accessories such as vape cartridges)

  Health Warning Message

 • THC/CBD content

 • Equivalency to dried cannabis to determine public possession limit

 • Ingredient list

 • Intended use

 • Standardized cannabis symbol for products containing THC

 • Health Warning Message

 • THC/CBD content

 • Equivalency to dried cannabis to determine public possession limit

 • Ingredient list

 • Allergens

 • Intended use

OTHER 

 • Must not be appealing to youth

 • Must not make health claims

 • No elements that would associate the product with alcoholic beverages, tobacco products, or vaping products

 • Must not make dietary claims

 • Must not be appealing to youth

 • Must not make health claims

 • No elements that would associate the product with alcoholic beverages, tobacco products, or vaping products

 • Must not be appealing to youth

 • Must not make health claims

 • No elements that would associate the product with alcoholic beverages, tobacco products, or vaping products

 • Must not be appealing to youth

 • Must not make health claims

 • No elements that would associate the product with alcoholic beverages, tobacco products, or vaping products

 • Must not make cosmetic claims

Disclaimer: This is not a complete list of the regulatory rules for each class of cannabis or product examples. For more information on the amendments to the Cannabis Regulations, please visit Canada.ca/Cannabis or feel free to contact us.

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