Skip to content

Final cannabis edibles, topicals and extracts regulations released

Kevin Landry

On June 14, 2019, Health Canada announced the release of the final version of amendments to the Cannabis Regulations, which will permit for the production and sale of edibles, extracts and topicals.

The announcement follows recent changes to the cannabis licensing regime and was preceded by a 60-day consultation period on the strict regulation of additional cannabis products that opened in December 2018 (see our articled titled Canada’s Proposed Cannabis Edibles, Extracts and Topicals Regulations Revealed for more information).  

The announcement came with the release of a document titled Final Regulations for New Cannabis Products: Edible Cannabis, Cannabis Extracts and Cannabis Topicals.

What has changed from the proposed regulations?

Implementation and important dates

Several important deadlines were noted in the announcement:

  1. June 26, 2019 – the amendments to the Cannabis Regulations will be published in the Canada Gazette Part II.
  2. July 15, 2019 – license holders may submit requests for license amendments to permit production and sale of edibles, topicals and extracts. For processors licensed to sell already it is expected that amendments will be completed within 60 days.
  3. October 17, 2019 – edibles, extracts and topicals amendments to the Cannabis Regulations will take effect. Edibles, extracts and topicals will be added to Schedule 4 of the Cannabis Act and will be permitted as new classes of cannabis. Written notice of new edible, extract or topical cannabis products may be given to Health Canada pursuant to s. 244 of the Cannabis Regulations.
  4. December 16, 2019 – earliest date new products will be available for sale due to the 60-day notice period in s. 244 of the Cannabis Regulations.

Separate facilities required

The final regulations prohibit any class of cannabis from being manufactured at the same “site” as food products. It should be noted that the definition of “site” in the Cannabis Regulations is defined as an “area that is used exclusively by the holder (of the license) and that consists of at least one building or one part of a building”.

THC limits

Multi-packs of edible and drinkable cannabis will be permitted in the final regulations. The total quantity of THC in any multi-pack must not exceed 10 milligrams, and the total size of the multi-pack must not exceed 30 grams of dried cannabis or equivalent. Multi-packs will need to be comprised of discrete units that are consistent except for flavor and colour.

Packaging and labelling restrictions

Fold out panels permitted on labels

Panels can be provided on packages if the product is too small to provide all the required information but cannot display additional brand elements.

Equivalency and concentration to be included on labels

An “equivalency to dried cannabis” calculation in line with the deemed conversion table in s. 21(3) of the Cannabis Regulations will be required on every label in order to allow consumers to facilitate consumer compliance with personal possession limits.

THC and CBD concentrations have been standardized and must be displayed on packages in “milligrams per gram”.

Pressurized containers permitted

The proposed prohibition on pressurized containers (e.g. metered-dose inhalers) will not form part of the final Regulations, as pressurized containers are subject to controls to regulate their safety under the Canada Consumer Product Safety Act.

Further promotion restrictions

Association with flavours

Additional restrictions have been added to prevent promotion or images on labels of cannabis extracts, or cannabis accessories containing cannabis extracts that associate those products with flavours listed in the Tobacco and Vaping Products Act such as confectionary, dessert, soft drinks and energy drinks.

Creating health impressions

Restrictions were also added to prevent promotions or images on labels that creates an impression that:

  1. health or cosmetic benefits may be derived from the service or the use of cannabis or a cannabis accessory.
  2. edible cannabis meets particular dietary requirements for young persons, or those:
    1. with a physiological condition as a result of a disease, disorder or injury;
    2. for whom a particular effect, including weight loss, is to be obtained by a controlled intake of food;

No association with alcohol, tobacco or vaping products

Promotions or labels associating cannabis products with alcoholic beverages, tobacco products, or vaping products are prohibited.

Promotions at age-gated events cannot be seen or heard outside event

New restrictions clarify that promotions in places where “young persons are not permitted by law” may not be audible or visible to young persons from outside the age-gated event.

Limitations on promotional items (swag)

In addition to current restrictions on utilizing items appealing to youth or associated with daring or adventurous lifestyles, any swag would now be limited to the display of only 1 brand element on a particular item. Further, the brand element will be restricted in size to an area equal to or smaller than 300 cm² and no letter may be larger than 4 cm high.

Display of brand elements

The amendments also restrict display of brand elements on any item that is “in a school, a public playground, a daycare facility or any other public place frequented mainly by young persons, or is visible from such a place”.


This update is intended for general information only. If you have questions about the above, please contact a member of our Cannabis group.

SHARE

Archive

Search Archive


 
 

Client Update: Bylaw requirements under the Municipal Government Act

June 7, 2018

Perlene Morrison and Hilary Newman Municipalities in Prince Edward Island entered a new era when the Municipal Government Act (the “MGA”) was proclaimed into force on December 23, 2017. The MGA modernized the Province’s municipal…

Read More

Client Update: Adopting the changes – amendments to the New Brunswick Family Services Act lead to opening of sealed adoption records

June 4, 2018

Vasu Sivapalan and Meg Collins On May 5, 2017, An Act Respecting the Opening of Sealed Adoption Records (“Act”) received royal assent, leading to significant changes for birth parents and adoptees across the province. As…

Read More

Client Update – Protecting the innocent in property insurance: recent amendments to Nova Scotia’s Insurance Act limit “criminal or intentional act” exclusion clauses

May 29, 2018

Jennifer Taylor Recent amendments to the Nova Scotia Insurance Act are designed “to protect the financial interests of an innocent person when the person’s property is damaged by another person with whom that person shares…

Read More

Countdown to Cannabis: A Stewart McKelvey Newsletter: The legalization of cannabis: 7 reasons why employers should take notice

May 24, 2018

Brian G. Johnston, QC Cannabis legalization is coming. The legislation is expected to pass by July with legalization becoming effective by September. Employers should take notice because: 1. There is already a lot of cannabis…

Read More

Client Update: Negligence: what is reasonably foreseeable?

May 24, 2018

Janet Clark and Sean Seviour A recent decision from the Supreme Court of Canada clarifies determination of what is “reasonably foreseeable”: Rankin (Rankin’s Garage & Sales) v J.J., 2018 SCC 19.  The case involved two…

Read More

Client Update: Limitation periods & denial of LTD benefits: the NSSC decision in Cameron

May 9, 2018

Jennifer Taylor & Michelle Chai A recent Supreme Court decision tackled two issues that have proven complex in Nova Scotia law: summary judgment and limitation periods. The Plaintiff in Cameron v Nova Scotia Association of…

Read More

Client Update: Medical marijuana found to be undue hardship in safety sensitive positions – the problem of residual impairment

May 1, 2018

Brian G. Johnston, QC The Arbitrator in Lower Churchill Transmission Construction Employers’ Association and IBEW, Local 1620 dismissed a grievance on April 30, 2018 concluding: The Employer did not place the Grievor in employment at…

Read More

Client Update: Benefits plans really do not have to cover the sun, the moon and the stars (and medical cannabis)

April 13, 2018

Rick Dunlop and Richard Jordan Employers, and benefit providers on their behalf, make policy decisions as to what drugs or benefits (including monetary limits) will be covered by benefit plans. The Board of Trustees in…

Read More

Client Update: Court Confirms: Credibility is a Key Factor In Personal Injury Awards (Ryan V. Curlew, 2018 NL SC)

April 10, 2018

Erin Best The decision of Justice Handrigan in Ryan v. Curlew is the first motor vehicle accident personal injury decision to come out of the Newfoundland and Labrador courts in quite some time. The case…

Read More

Client Update: Does your business need a spring privacy tune-up? Breach reporting and Europe’s GDPR are about to hatch

April 6, 2018

Rob Aske The arrival of spring should bring thoughts of renewal… to your privacy practices. Breach reporting under PIPEDA Canada’s federal privacy law known by the acronym PIPEDA (Personal Information Protection and Electronic Documents Act)…

Read More

Search Archive


Scroll To Top