Health Canada has released final regulations (Regulations) to govern cannabis edibles, extracts and topicals. The Regulations will come into force on October 17, 2019.
Products
The Regulations prescribe a maximum of 10 milligrams of THC per package of edibles and a maximum of 1,000 milligrams of THC per package of extracts or cannabis topicals intended to be applied to skin, hair or nails. The Regulations prohibit products that are appealing to youth.
Packaging and Branding
The Regulations require that edibles, extracts and topicals be packaged in child-resistant, plain packaging and prohibit the presentation of any health-related claims. The Regulations also prohibit the use of brand elements that would associate the product with alcoholic beverages, tobacco products or vaping products. Health Canada has suggested that this prohibition would also restrict the use of terms generally associated with alcoholic beverages, such as “cannabis beer” or “cannabis wine.”
Production Facilities
The Regulations have maintained the prohibition on producing cannabis products in the same facility that conventional food products are produced in.
Timing
Licensed processors will need to seek a licence amendment authorizing them to produce and sell cannabis edibles, extracts and topicals. Health Canada will begin accepting licence amendment applications on July 15, 2019, but is not expected to start approving amendments until the Regulations come into force on October 17, 2019.
Licensed processors are required to provide Health Canada with a written notice at least 60 days before making a new cannabis product available for sale. Health Canada will begin accepting new product notices for alternative cannabis products on October 17, 2019.
Given the above, it seems likely that we will not see cannabis edibles, extracts and topicals available in Canada until later in 2019.
DISCLAIMER: This post is intended to convey general information about legal issues and developments as of the date above. It does not constitute legal advice and must not be treated or relied on as such.