Proposed Regulations on Cannabis Edibles, Extracts and Topicals Published for Consultation

On December 22, 2018, Regulations Amending the Cannabis Regulations (New Classes of Cannabis) and Proposed Order Amending Schedules 3 and 4 to the Cannabis Act (collectively, the "Proposed Regulations") were published in Canada Gazette, Part I.  The Proposed Regulations govern new classes of cannabis and will authorize their sale by federal licence holders and provincially and territorially authorized distributors and retailers.

The Proposed Regulations seek to amend Schedule 4 of the Cannabis Act by adding three new classes of cannabis, namely:

1. edible cannabis;
2. cannabis extracts; and
3. cannabis topicals.

No special licence will be needed to produce the new classes of cannabis.  Instead, a cannabis processing licence will be required in order to manufacture, package and label these products for sale to consumers. 

The Proposed Regulations establish regulatory controls to address the unique public health and safety risks associated with the new classes of cannabis, such as restrictions on product composition and ingredients, tetrahydrocannabinol (THC) limits, new requirements for packaging and labelling, good production practices and record keeping.  For instance, the proposed restrictions with respect to edible cannabis include imposing a limit of 10 mg of THC per package of edibles, restricting the use of ethyl alcohol and caffeine, and requiring child-resistant and plain packaging.  Health Canada has produced a table summarizing the Proposed Regulations for the new classes of cannabis (available here).

Health Canada launched a 60-day consultation period on the Proposed Regulations that will close on February 20, 2019.  Cannabis edibles, extracts and topicals are expected to be for sale (legally) in Canada by October 17, 2019.

Summary By: Anna Troshchynsky