Cannabis Regulations (SOR/2018-144)

Marginal note:Prohibited things

• 102.1 (1) Edible cannabis 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 in a quantity that would cause the sale of the edible cannabis to be prohibited under any of paragraphs 4(1)(a) to (d) of the Food and Drugs Act if the edible cannabis were a food to which that Act applies.

• Marginal note:Not poisonous, harmful or adulterated

  (2) Edible cannabis does not have a poisonous or harmful substance in or on it, within the meaning of paragraph 4(1)(a) of the Food and Drugs Act, and is not adulterated, within the meaning of paragraph 4(1)(d) of that Act, 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 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 a product that is to be ingested.

Marginal note:Caffeine

102.2 Edible cannabis 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 caffeine unless

• (a) the caffeine has been introduced through the use of ingredients that naturally contain caffeine; and

• (b) the total amount of caffeine in each immediate container of the cannabis product does not exceed 30 mg.

Marginal note:Ethyl alcohol

102.3 Edible cannabis 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 ethyl alcohol unless the concentration of ethyl alcohol does not exceed 0.5% w/w of the edible cannabis.

Marginal note:Cannabis products requiring refrigeration

102.4 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 — if the unopened immediate container must be stored at or below 4°C to prevent the cannabis product from becoming contaminated before its durable life date.

Marginal note:Hermetically sealed containers

• 102.5 (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

102.6 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

102.7 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.

Marginal note:Exemption — sale of cannabis beverage

• 102.8 (1) A person that is authorized to sell cannabis, other than the holder of a licence for processing, is exempt from the application of section 25 of the Act in respect of the sale of a cannabis beverage that is a cannabis product if

  • (a) the cannabis beverage has been packaged or labelled in accordance with these Regulations, other than paragraph 123(1)(g); and

  • (b) the label that is applied to any container in which the cannabis beverage is packaged contains the statement set out in paragraph 123(1)(g) but the equivalent quantity of dried cannabis, in grams, that is indicated on the label is, despite that paragraph, determined on the basis that 70 g of cannabis beverage is deemed to be equivalent to 1 g of dried cannabis.

• Marginal note:Exemption — distribution of cannabis beverage

  (2) A licence holder that is authorized to distribute cannabis, other than the holder of a licence for processing, is exempt from the application of subsection 106(1) in respect of the distribution of a cannabis beverage that is a cannabis product if

  • (a) the applicable requirements set out in sections 108 to 136, other than paragraph 123(1)(g), have been met in respect of the cannabis beverage; and

  • (b) the label that is applied to any container in which the cannabis beverage is packaged contains the statement set out in paragraph 123(1)(g) but the equivalent quantity of dried cannabis, in grams, that is indicated on the label is, despite that paragraph, determined on the basis that 70 g of cannabis beverage is deemed to be equivalent to 1 g of dried cannabis.

Cannabis Accessory or Component

Marginal note:Contamination

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

Marginal note:Flavour

103.1 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

103.2 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

• 104 (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

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

Marginal note:Flavours

104.11 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

• 104.12 (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

• 104.13 (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

104.14 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.

Marginal note:Alcoholic beverages

104.15 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 associate the cannabis, the cannabis accessory or the service with an alcoholic beverage.

Marginal note:Tobacco products and vaping products

104.16 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 associate the cannabis, the cannabis accessory or the service with a tobacco product, as defined in section 2 of the Tobacco and Vaping Products Act, or a vaping product to which that Act applies.

Marginal note:Place where young persons are not permitted

104.17 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under paragraphs 17(2)(b) and (3)(b) of the Act in such a manner that the promotion may be audible or visible from outside a place where young persons are not permitted by law.