Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Cannabis Regulations (SOR/2018-144)

Full Document:  

Regulations are current to 2019-11-19 and last amended on 2019-10-17. Previous Versions

PART 6Cannabis Products (continued)

Dried and Fresh Cannabis

Marginal note:Addition of THC or THCA

 THC or THCA must not be added to dried or fresh cannabis that will become a cannabis product or that is, or will be, contained in a cannabis accessory that will become a cannabis product.

Marginal note:Consumption by inhalation — net weight of dried cannabis

 The net weight of dried cannabis that is intended to be consumed by means of inhalation in each discrete unit of a cannabis product must not exceed 1.0 g.

Cannabis Extracts and Cannabis Topicals

Marginal note:Things injurious to health

  •  (1) A cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it anything that may cause injury to the health of the user when the cannabis product is used as intended or in a reasonably foreseeable way.

  • Marginal note:Exception

    (2) Subsection (1) does not, in respect of a cannabis extract that is intended to be combusted and inhaled, prohibit anything that may cause injury as a result of the intended combustion and inhalation.

  • Marginal note:Things that do not cause injury

    (3) For the purposes of subsection (1), a cannabis extract or a cannabis topical does not contain or have on it anything that may cause injury to the health of the user by reason only that it contains or has on it

    • (a) anything referred to in item 1 or 3 of Schedule 1 to the Act;

    • (b) residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or that is otherwise authorized for use under that Act, if the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act; or

    • (c) microbial or chemical contaminants — other than residues of a pest control product referred to in paragraph (b) — if the contaminants are within generally accepted tolerance limits for human use that are

      • (i) established in a publication referred to in Schedule B to the Food and Drugs Act, and

      • (ii) appropriate for the intended use and any reasonably foreseeable use of the cannabis product.

  • SOR/2019-206, s. 28

Marginal note:Microbial and chemical contaminants

 A cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it microbial or chemical contaminants unless the contaminants are within generally accepted tolerance limits for human use that are

  • (a) established in a publication referred to in Schedule B to the Food and Drugs Act; and

  • (b) appropriate for the intended use and any reasonably foreseeable use of the cannabis product.

  • SOR/2019-206, s. 28

Marginal note:Maximum quantity of THC

 A cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain a quantity of THC that exceeds 1000 mg per immediate container, taking into account the potential to convert THCA into THC.

  • SOR/2019-206, s. 28

Marginal note:Cannabis extract — content

  •  (1) A cannabis extract that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain any ingredients other than

    • (a) carrier substances;

    • (b) flavouring agents; and

    • (c) substances that are necessary to maintain the quality or stability of the cannabis product.

  • Marginal note:Prohibited ingredients

    (2) The following substances must not be used as ingredients to produce a cannabis extract referred to in subsection (1):

  • Marginal note:Exception — vitamins

    (3) Despite paragraph 2(a), a vitamin may be used as an ingredient to maintain the quality or stability of the cannabis extract referred to in subsection (1) if it is used in an amount that does not exceed what is necessary to maintain the quality or stability of the cannabis product.

  • Marginal note:Naturally occurring substances

    (4) An ingredient that is used to produce the cannabis extract referred to in subsection (1) may contain a substance referred to in subsection (2) only if that substance is naturally present in the ingredient at a level that is not above the naturally occurring level for that ingredient.

  • Marginal note:Permitted ingredients — inhaled cannabis extract

    (5) An ingredient — other than a flavouring agent — must not be used to produce a cannabis extract referred to in subsection (1) that is intended to be consumed by means of inhalation unless

    • (a) a standard for the ingredient is set out in a publication referred to in Schedule B to the Food and Drugs Act; and

    • (b) the ingredient complies with the standard.

  • Marginal note:Ethyl alcohol — ingested cannabis extract

    (6) A cannabis extract referred to in subsection (1) must not contain ethyl alcohol unless

    • (a) the cannabis extract is intended to be ingested; and

    • (b) the net weight of the cannabis extract in each immediate container of the cannabis product does not exceed 7.5 g.

  • SOR/2019-206, s. 28

Marginal note:Uniform distribution — cannabinoids and terpenes

 The cannabinoids and terpenes in a cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must be uniformly distributed throughout the cannabis extract or cannabis topical.

  • SOR/2019-206, s. 28

Marginal note:Cannabis extract — external body surfaces

 A cannabis extract that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not be represented for use, directly or indirectly, on external body surfaces, including hair and nails.

  • SOR/2019-206, s. 28

Edible Cannabis

Marginal note:Ingredients — edible cannabis

  •  (1) Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain any ingredients other than food and food additives.

  • Marginal note:Temporarily marketed foods

    (2) A food that is described in a Temporary Marketing Authorization Letter issued under subsection B.01.054(1) of the Food and Drug Regulations must not be used as an ingredient to produce edible cannabis referred to in subsection (1) and must not be a constituent of such an ingredient.

  • Marginal note:Meat products, poultry products and fish

    (3) A meat product, poultry product or fish, other than a food additive, must not be used as an ingredient to produce edible cannabis referred to in subsection (1) — and must not be a constituent of such an ingredient — unless the meat product, poultry product or fish

    • (a) has been produced by a person that is authorized to produce it under the laws of a province or the Safe Food for Canadians Act or has been imported in accordance with that Act; and

    • (b) has a water activity that does not exceed 0.85 at a temperature of 22 ± 2°C at the time the meat product, poultry product or fish is obtained by the holder of the licence for processing that is producing the edible cannabis.

  • Marginal note:Self-produced food

    (4) A holder of a licence for processing that produces a food may use it as an ingredient to produce edible cannabis referred to in subsection (1) — or as a constituent of such an ingredient — if

    • (a) the food is not a meat product, poultry product or fish; and

    • (b) the sale of the food would not be prohibited under section 4 of the Food and Drugs Act.

  • Marginal note:Food additives

    (5) A holder of a licence for processing may use a food additive as an ingredient to produce edible cannabis referred to in subsection (1) only if

    • (a) the edible cannabis would be a food that is the subject of a marketing authorization if the edible cannabis did not contain or have on it anything referred to in item 1 or 3 of Schedule 1 to the Act;

    • (b) the marketing authorization permits the food additive to be in or on the food;

    • (c) the conditions under which the marketing authorization permits the food additive to be in or on the food — including any maximum levels of use — are complied with; and

    • (d) the food additive is not caffeine or caffeine citrate.

  • Marginal note:Vitamins and mineral nutrients

    (6) A vitamin or mineral nutrient must not be used as an ingredient to produce edible cannabis referred to in subsection (1) unless its use is permitted under subsection (5).

  • Marginal note:Definitions

    (7) The following definitions apply in this section.

    fish

    fish has the same meaning as in section 1 of the Safe Food for Canadians Regulations. (poisson)

    marketing authorization

    marketing authorization, except in subsection (2), has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (autorisation de mise en marché)

    meat product

    meat product has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (produit de viande)

    mineral nutrient

    mineral nutrient has the same meaning as in subsection D.02.001(1) of the Food and Drug Regulations except that it does not include sodium, potassium or chloride or compounds that include those elements. (minéral nutritif)

    poultry product

    poultry product has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (produit de volaille)

    vitamin

    vitamin has the same meaning as in subsection D.01.002(1) of the Food and Drug Regulations. (vitamine)

    water activity

    water activity means the ratio of the water vapour pressure of a meat product, poultry product or fish to the vapour pressure of pure water, at the same temperature and pressure. (activité de l’eau)

  • SOR/2019-206, s. 28
 
Date modified: