Marginal note:Sale of cannabis containing caffeine

5.1 For the purposes of subsection 34(1) of the Act,

• (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell edible cannabis that is not a cannabis product and that contains caffeine if the caffeine has been introduced through the use of ingredients that naturally contain caffeine; and

• (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell edible cannabis that is a cannabis product and that contains caffeine if the caffeine has been introduced through the use of ingredients that naturally contain caffeine and the total amount of caffeine in each immediate container of the cannabis product does not exceed 30 mg:

  • (i) a holder of a licence for processing that authorizes the sale of cannabis,

  • (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and

  • (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis.

Marginal note:Sale of cannabis containing ethyl alcohol

• 5.2 (1) For the purposes of subsection 34(1) of the Act,

  • (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell a cannabis extract that is not a cannabis product and that contains ethyl alcohol; and

  • (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell a cannabis extract that is a cannabis product and that contains ethyl alcohol if the cannabis extract is intended to be ingested and the net weight of the cannabis extract in each immediate container of the cannabis product does not exceed 7.5 g:

    • (i) a holder of a licence for processing that authorizes the sale of cannabis,

    • (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and

    • (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis.

• Marginal note:Edible cannabis

  (2) For the purposes of subsection 34(1) of the Act,

  • (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell edible cannabis that is not a cannabis product and that contains ethyl alcohol; and

  • (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell edible cannabis that is a cannabis product and that contains ethyl alcohol if the concentration of ethyl alcohol does not exceed 0.5% w/w of the edible cannabis:

    • (i) a holder of a licence for processing that authorizes the sale of cannabis,

    • (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and

    • (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis.

Marginal note:Prohibition to sell — voluntary recall

5.3 A person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis must not sell a cannabis product that they know is the subject of a voluntary recall in Canada that has been commenced for reasons respecting

• (a) the quality of the cannabis product; or

• (b) the applicable requirements of Part 5 or 6 are otherwise not being met.