Limits on Ephedrine and Pseudoephedrine Sales
Canada Gazette, Part I, Volume 158, Number 23: ORDERS IN COUNCIL
This Order in Council (May 31, 2024) approves and extends an interim order that requires single‑ingredient ephedrine and pseudoephedrine natural health products to be sold only by pharmacists (or supervised pharmacy staff) and kept out of public access, and prohibits distributors from selling them to non‑pharmacy retailers. The measure covers physical and online sales (with pharmacist intervention), excludes clinical trials and practitioner distributions, and remains in effect until repeal, new regulations, or one year after the interim order was made.
Summary
Summary#
This Order in Council approves the Interim Order Concerning the Sale of Certain Natural Health Products Containing Ephedrine or Pseudoephedrine and keeps it in effect on a temporary basis. The measure, approved on May 31, 2024, keeps strict point-of-sale limits on certain natural health products (NHPs) that contain only ephedrine or pseudoephedrine so they stay sold through pharmacies rather than general stores while longer-term rules are worked out.
What it does#
- Keeps, for now, federal rules that stop most retail stores from selling single-ingredient ephedrine and pseudoephedrine NHPs to the general public. Those products may only be sold:
- by a pharmacist or someone working under a pharmacist’s supervision (for example, a pharmacy technician), and
- from a place that is not directly accessible to the public (for example, behind the pharmacy counter).
- Stops distributors (wholesalers) from selling these NHPs to retail stores that are not pharmacies. Distributors must limit retail sales to pharmacies.
- Applies to both physical and online sales, but only where a pharmacist (or supervised staff) intervenes in the sale.
- Does not apply to:
- NHPs sold as part of a clinical trial, or
- products given directly by health‑care practitioners to their patients in the course of care.
- This approval extends the Interim Order until the earliest of:
- the day it is repealed,
- the day new regulations with the same effect come into force, or
- one year after the Interim Order was made (the Interim Order was made on May 17, 2024, so the one‑year limit would be May 17, 2025).
Who's affected#
- Consumers who buy over‑the‑counter products that contain only ephedrine or pseudoephedrine — they will generally need to get them from a pharmacy rather than a grocery or convenience store.
- Pharmacies and their staff — they remain the main legal retail point of sale for these products.
- Distributors and wholesalers of these NHPs — they can no longer sell these products to non‑pharmacy retailers and may need to redirect sales to pharmacies.
- Non‑pharmacy retailers that had been buying these products wholesale — they will lose that supply channel.
- Health Canada, provincial and territorial regulators, and law enforcement — they will use these rules to keep consistent controls across jurisdictions.
Why it matters#
- Ephedrine and pseudoephedrine can be misused and diverted to make illegal drugs, including methamphetamine. Health and law‑enforcement authorities say restricting retail access helps reduce those risks.
- The immediate trigger was that the National Association of Pharmacy Regulatory Authorities (NAPRA) planned to remove single‑ingredient ephedrine and pseudoephedrine NHPs from its National Drug Schedules by June 28, 2024, which would have left a gap in many provincial laws. This federal action maintains a consistent minimum standard across Canada while longer-term options are developed.
- For shoppers, the practical effect is mostly about where you can buy these products (pharmacies only). For distributors and some retailers, it may mean changing how they sell or where they sell these products.
Key topics
Source: Canada Gazette