Notice: Control framework for edible cannabis

The purpose of this Notice is to communicate that the production, distribution and sale of edible cannabis in respect of public health and public safety is controlled primarily at the federal level under the Cannabis Act and the Cannabis Regulations. The Food and Drugs Act and its regulations do not apply to edible cannabis except in certain situations. Cannabis and activities with cannabis will only be subject to regulation under the Food and Drugs Act, in addition to the Cannabis Act, where, for example, the cannabis is represented with a therapeutic claim. For further information on these exceptions, please refer to the Cannabis Exemption (Food and Drugs Act) Regulations (SOR/2016-231). In addition, the Safe Food for Canadians Act and its regulations will not be applied to edible cannabis; however, certain parts of the new requirements pertaining to edible cannabis in the Cannabis Regulations were adapted from this framework.

The Cannabis Act and the Cannabis Regulations provide the main federal legal framework that controls the production and sale of cannabis, including edible cannabis, in respect of public health and public safety. Unless authorized under the Act and Regulations, it is prohibited to produce or sell edible cannabis. In addition, only those with the appropriate licence from Health Canada can sell edible cannabis products they have produced. The Act and Regulations set out a comprehensive set of controls for producing and selling edible cannabis that licence holders must adhere to – these include good production practices, limits on THC content, restrictions on harmful ingredients, and strict packaging and labelling requirements.

Persons wishing to sell edible cannabis they have produced must obtain a licence from Health Canada. For more information, visit Applying for a licence under the Cannabis Act.

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