Dale & Lessman LLP Partner Chad Finkelstein dissects the Health Canada draft regulations for topicals, edibles and extracts. Finkelstein highlights that Health Canada has allocated a 90-day consultation period for the regulations, suggesting the terms will be finalized by the end of Q1 2019. He notes that the regulations limit products to a maximum of 10 mg of THC per serving and derivative products will face the same kind of restrictions on packaging and labeling that were introduced for other cannabis products in October 2018. Finkelstein breaks down the controversial stipulation that producers cannot “have edible products that are associated with an alcoholic beverage company” and indicates that it is not the category killer many have suggested.
Transcript:
Ed Milewski: So Chad, you must be a busy guy.
Chad Finkelstein: Too much, too fast. This industry is hard to keep up with the volume of changes and the pace of those changes, and today was no exception.
Ed Milewski: So today a big document came out.
Chad Finkelstein: A very big document came out. I mean yeah, the Cannabis Act came into force on October 17th of this year, and what we’ve known for most of 2018 was that at some point, edibles were going to be regulated. What the announcement had always been – and when I say edibles, I’m referring sort of all type of ingestibles, food and beverage products – we had known they were going to –
Ed Milewski: They’re not legal now, right?
Chad Finkelstein: They’re currently not legal.
Ed Milewski: And that’s what they said, they said you can get marijuana, but for a year, –
Chad Finkelstein: That’s right.
Ed Milewski: So they’re monkeying around with all the different legal aspects that they have to figure out, right?
C: Yeah, that’s right, that’s right. We had known that, you know, the plant, like the flower, seeds, oils, were all going to be legal as of October 17th, and that within a year of the legalization date we would see edibles be regulated.
So now, earlier than expected, Health Canada released their draft regulations just 90 minutes ago on the regulation of those edibles products and topicals and extracts. So while the industry is still, you know, poring over those details and trying to figure out what comes next, there’s going to be a three-month consultation period beginning now, of course it’s February something to get submissions in, I forget the correct date off the top of my head, with a view towards finalizing everything, I think, by the end of the first quarter. The exact legalization date is still not, I believe know, but with probably the Fall of 2019.
Ed Milewski: Yeah, go ahead.
Ben Smith: So you know, do you extrapolate Health Canada releasing this information, would you tend to extrapolate that and suggest that perhaps edibles will be legal by the, by October 2019? Do yo