Cannabis Regulations (SOR/2018-144)

Marginal note:Packaging requirements — other Regulations

122.2 The following immediate container and wrappers must meet the requirements set out in Division 23 of Part B of the Food and Drug Regulations and subparagraphs 186(a)(i), (ii) and (v) to (vii) of the Safe Food for Canadians Regulations as if the cannabis that the immediate container contains or with which the wrappers are in direct contact were a food for the purposes of that Division and those subparagraphs:

• (a) the immediate container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged;

• (b) any wrapper that is in direct contact with edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product; and

• (c) any wrapper that is in direct contact with a cannabis extract that is intended for ingestion — or a cannabis accessory that contains cannabis extract intended for ingestion — that is a cannabis product.

Marginal note:Maximum quantity — cannabis extract

122.3 The immediate container of a cannabis extract that is a cannabis product must not contain more than 90 mL of extract that is in non-solid form at a temperature of 22 ± 2°C.

Marginal note:Outermost container

• 122.4 (1) The outermost container in which a cannabis product is packaged must not contain

  • (a) food;

  • (b) more than one class of cannabis set out in Schedule 4 to the Act; or

  • (c) more than one immediate container.

• Marginal note:Exception — multiple immediate containers

  (2) Despite paragraph (1)(c), the outermost container may contain more than one immediate container of edible cannabis if the following requirements are met:

  • (a) the outermost container meets the requirements of section 132.18;

  • (b) the immediate containers meet the requirements of section 132.18, if they contain edible cannabis that is in discrete units, or section 132.19, if they contain edible cannabis that is not in discrete units;

  • (c) the total quantity of THC in the immediate containers does not exceed 10 mg of THC, taking into account the potential to convert THCA into THC;

  • (d) the total quantity of cannabis in the immediate containers does not exceed the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act;

  • (e) the statement “Contains the equivalent of (the quantity of dried cannabis, in grams, that is equivalent to the total quantity of cannabis, in grams, as determined in accordance with subsection 2(4) of the Act, in the immediate containers)g of dried cannabis” is displayed on the label of the outermost container; and

  • (f) the properties of the edible cannabis in all the immediate containers are consistent.

• Marginal note:Interpretation — “unit”

  (3) For the purposes of paragraph (2)(a), the word “unit” referred to in subsection 132.18(1) is to be read as “immediate container”.

Marginal note:Control measures for dispensing cannabis extract

• 122.5 (1) The immediate container of a cannabis extract that is a cannabis product and that is not in discrete units must

  • (a) not permit the extract to be easily poured or drunk directly from the container; and

  • (b) contain an integrated dispensing mechanism that dispenses no more than 10 mg of THC per activation, taking into account the potential to convert THCA into THC, if the cannabis extract

    • (i) is in liquid form at a temperature of 22 ± 2°C,

    • (ii) is not intended to be consumed only by means of inhalation, and

    • (iii) contains at least 10 mg of THC, taking into account the potential to convert THCA into THC.

• Marginal note:Non-application — integrated dispensing mechanism

  (2) Paragraph (1)(b) does not apply to an immediate container in which a cannabis accessory referred to in paragraph 103.2(a) is packaged.

Labelling — Cannabis Products

Marginal note:Information

• 123 (1) The following information must be included on the label that is applied to any container in which a cannabis product is packaged:

  • (a) the name, telephone number and email address of the following:

    • (i) in the case of a cannabis plant or cannabis plant seeds, the holder of a licence for cultivation that cultivated the cannabis plant or cannabis plant seeds, or

    • (ii) in the case of any other cannabis product, the holder of a licence for processing that manufactured the product;

  • (b) the class of cannabis set out in Schedule 4 to the Act to which the cannabis that is in the immediate container belongs;

  • (c) in respect of the product

    • (i) the brand name,

    • (ii) the lot number, preceded by one of the following designations:

      • (A) “Lot number”,

      • (B) “Lot no.”,

      • (C) “Lot”, or

      • (D) “(L)”,

    • (iii) the recommended storage conditions,

    • (iv) the packaging date, and

    • (v) except in the case of a cannabis plant, cannabis plant seeds or edible cannabis, either

      • (A) the expiry date in accordance with subsection (2), or

      • (B) a statement that no expiry date has been determined;

  • (d) the warning “KEEP OUT OF REACH OF CHILDREN / TENIR HORS DE LA PORTÉE DES ENFANTS”;

  • (e) one of the health warning messages set out in the document entitled Cannabis Health Warning Messages, as amended from time to time and published by the Government of Canada on its website, that applies to the cannabis product;

  • (f) in the case of a cannabis product that contains THC in a concentration greater than 10 μg/g, taking into account the potential to convert THCA into THC, the standardized cannabis symbol that must be obtained from the Minister in the form of an electronic file; and

  • (g) except in the case of dried cannabis or a cannabis plant, the statement “Contains the equivalent of (the quantity of dried cannabis, in grams, that is equivalent to the quantity of cannabis, in grams or seeds, as the case may be, as determined in accordance with subsection 2(4) of the Act, in the container)g of dried cannabis”.

• Marginal note:Expiry date

  (2) The label of a container in which cannabis other than edible cannabis is packaged must not include an expiry date unless the holder of the licence for processing that manufactured the cannabis product has data that establishes the stability period during which, after the cannabis is packaged in accordance with these Regulations and stored under its recommended storage conditions,

  • (a) in the case of dried cannabis or fresh cannabis,

    • (i) it maintains not less than 80% and not more than 120% of its THC content and CBD content, and

    • (ii) the microbial and chemical contaminants it contains or has on it remain within the limits referred to subsection 93(3); and

  • (b) in the case of a cannabis extract or a cannabis topical,

    • (i) it maintains its THC content and CBD content within the variability limits referred to in subsection 97(1), and

    • (ii) the microbial and chemical contaminants it contains or has on it remain within the limits referred to in section 101.1.

• Marginal note:No expiry date — edible cannabis

  (2.1) The label of a container in which edible cannabis is packaged must not include an expiry date.

• Marginal note:Stability period — retention of document

  (3) The holder of the licence for processing that manufactured the cannabis product must, if they include an expiry date on the label of the container, retain a document that contains the data referred to in subsection (2) for at least two years after the day on which the last sale or distribution of any portion of the lot or batch of the cannabis product with that expiry date takes place, other than for destruction.

• Marginal note:Rotation

  (4) The health warning messages referred to in paragraph (1)(e) must be displayed in rotation on each type of container of each brand name of the cannabis product that is packaged in a year, so that each health warning message is displayed, to the extent possible, on equal numbers of containers of that product.

• Marginal note:Non-application — sections 26 and 27 of Act

  (5) Sections 26 and 27 of the Act do not apply with respect to the name and email address that are included on the label in accordance with paragraph (1)(a).