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:
June 26, 2019 - the amendments to the Cannabis Regulations will be published in the Canada Gazette Part II. 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. 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. 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".
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.