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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2021-06-28 and last amended on 2020-10-17. Previous Versions

PART 6Cannabis Products (continued)

Edible Cannabis (continued)

Marginal note:Hermetically sealed containers

  •  (1) It is prohibited for a holder of a licence to sell or distribute edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — in a hermetically sealed container if any component of the edible cannabis has a pH that exceeds 4.6 and a water activity that exceeds 0.85 at a temperature of 22 ± 2°C.

  • Marginal note:Definitions

    (2) The following definitions apply in subsection (1).

    hermetically sealed container

    hermetically sealed container means a container that, due to its design, is secure against the entry of micro-organisms, including spores. (contenant hermétiquement scellé)

    water activity

    water activity means the ratio of the water vapour pressure of the component to the vapour pressure of pure water, at the same temperature and pressure. (activité de l’eau)

Marginal note:Irradiation

 A holder of a licence for processing must not irradiate edible cannabis unless

  • (a) the edible cannabis would be a food that is listed in item 3 or 4, column 1, of the table to Division 26 of Part B of the Food and Drug Regulations if the edible cannabis did not contain or have on it anything that is referred to in item 1 or 3 of Schedule 1 to the Act; and

  • (b) the holder satisfies the requirements set out in paragraphs B.26.003(2)(a) and (b) and subsection B.26.004(1) of those Regulations in respect of the edible cannabis.

Marginal note:Maximum quantity of THC

 Subject to subsection 97(2), edible cannabis 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 10 mg per immediate container, taking into account the potential to convert THCA into THC.

Cannabis Accessory or Component

Marginal note:Contamination

 A cannabis accessory that is a cannabis product, or that is packaged with a cannabis product, must not be contaminated.

Marginal note:Flavour

 A cannabis accessory that is a cannabis product, or that is packaged with a cannabis product, must not impart a characterizing flavour to the cannabis.

Marginal note:Dispensing limit

 Subject to subsection 97(1), each activation of the following cannabis accessories must not dispense a quantity of cannabis extract that contains greater than 10 mg of THC, taking into account the potential to convert THCA into THC:

  • (a) a cannabis accessory that is a cannabis product and that dispenses a cannabis extract that is intended for ingestion or nasal, rectal or vaginal use; or

  • (b) a cannabis accessory that is packaged with, and that is intended to dispense, a cannabis extract that is a cannabis product and that is intended for ingestion or nasal, rectal or vaginal use.

Marginal note:Psychological effects, abuse liability and toxicity

  •  (1) A component of a cannabis product — other than a component that is anything referred to in item 1 or 3 of Schedule 1 to the Act — and a cannabis accessory that is packaged with a cannabis product must not, through any means other than heating or combustion, and when used as intended or in a reasonably foreseeable way,

    • (a) alter or enhance the psychological effects derived from the cannabis product in a manner that may cause injury to the health of the user;

    • (b) increase the potential for abuse liability of the cannabis product; or

    • (c) increase the toxicity of the cannabis product.

  • Marginal note:Exceptions

    (2) Subsection (1) does not prohibit the presence of

    • (a) ethyl alcohol in or on a cannabis product referred to in subsection 101.3(6) or section 102.3 if the conditions set out in that subsection or section, as the case may be, are met; and

    • (b) caffeine in or on a cannabis product referred to in section 102.2 if the conditions set out in that section are met.

PART 6.1Promotion

Marginal note:Non-application — prescription drug and combination product

 Sections 104.11 to 104.16 do not apply to a prescription drug or a combination product.

Marginal note:Flavours

 It is prohibited to promote a cannabis extract — or a cannabis accessory that contains a cannabis extract — under subsections 17(2) to (6) of the Act in a manner that could cause a person to believe that the cannabis extract or the cannabis accessory has a flavour set out in column 1 of Schedule 3 to the Tobacco and Vaping Products Act, other than the flavour of cannabis.

Marginal note:Health and cosmetic benefits

  •  (1) It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could create the impression that health or cosmetic benefits may be derived from the service or the use of the cannabis or the cannabis accessory.

  • Marginal note:Non-application — medical devices

    (2) Subsection (1) does not apply with respect to a medical device in respect of which a licence has been issued under subsection 36(1) of the Medical Devices Regulations.

Marginal note:Energy value and amount of nutrient

  •  (1) It is prohibited to promote edible cannabis — or a cannabis accessory that contains edible cannabis — under subsections 17(2) to (6) of the Act by communicating information about the energy value referred to in item 2 of the table to section 132.22 or the amount of any nutrient referred to in items 3 to 15 of that table or in items 5 to 37 of the table to section B.01.402 of the Food and Drug Regulations.

  • Marginal note:Exception — nutrition facts table

    (2) Despite subsection (1), edible cannabis or a cannabis accessory that contains edible cannabis may be promoted by reproducing the nutrition facts table that is required to be included on the label of any container in which the edible cannabis or the cannabis accessory is packaged in accordance with these Regulations using smaller, larger or identical dimensions and spacing.

Marginal note:Dietary requirements

 It is prohibited to promote edible cannabis — or a cannabis accessory that contains edible cannabis — under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could create the impression that the edible cannabis or accessory is intended

  • (a) to meet the particular dietary requirements of an individual

    • (i) who has a physical or physiological condition as a result of a disease, disorder or injury, or

    • (ii) for whom a particular effect, including weight loss, is to be obtained by a controlled intake of food; or

  • (b) to meet the dietary requirements of young persons.

 
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