Easier Cannabis Research and Beverage Limits

Summary#

On March 12, 2022, Health Canada published a proposal called the Regulations Amending Certain Regulations Concerning Cannabis Research and Testing and Cannabis Beverages. If adopted, it would make it easier to do certain non-therapeutic cannabis studies, let more labs make and sell testing materials, broaden who can be a head of laboratory, and raise the public possession limit for cannabis beverages from 2,100 g to 17,100 g. This is a proposal, not yet law; comments were invited for 45 days after publication.

What it does#

• Creates a new pathway for some non-therapeutic research with people so those studies can be done under the Cannabis Regulations instead of the clinical-trial rules in the Food and Drug Regulations. The research would still need a cannabis research licence and basic safety measures (for example, quality controls and reporting of serious side effects).
• Lets analytical testing labs and certain government labs produce, distribute and sell cannabis “reference standards” and test kits. Reference standards would not be treated like retail cannabis products for some rules.
• Broadens the allowed education and foreign-credential checks for the head of laboratory role so more people (for example, those with college diplomas or recognized foreign assessments) can qualify.
• Changes the way cannabis beverages are counted toward the public possession limit:
  • Defines “cannabis beverage” separately.
  • Makes 1 g of dried cannabis equal to 570 g of cannabis beverage (up from 70 g), so the public possession limit for beverages would rise from 2,100 g to 17,100 g.
  • Gives processors a 12-month transition to update labels; retailers may continue to sell older-labelled stock during the transition.

Who's affected#

• Researchers and universities who run human studies on cannabis. The proposal aims to cut the extra steps that many researchers currently face.
• Licence holders in the legal cannabis system, including licensed processors, analytical testing licence holders and holders of research licences.
• Government and provincial labs that do cannabis testing.
• Consumers of cannabis beverages and retail stores that sell them. Provinces and territories and retailers may need to update sale systems and labels.
• Law enforcement, since possession limits would change and police will need to be made aware during the transition.
• According to the source, there are about 145 analytical testing licence holders, of which 82 are small businesses.

Why it matters#

• More usable research: Letting researchers use quality-controlled, legal cannabis without full clinical-trial paperwork could lead to more studies about real-world products and effects. That can improve public information about risks and safe use.
• Better testing supply: Allowing more labs to make reference standards and test kits should increase availability and may lower costs for quality testing. That supports a quality-controlled legal market.
• Easier hiring: Broader rules for the head of laboratory can help labs fill key positions, including from a wider pool of qualified candidates.
• Fewer odd limits on beverages: The proposed change fixes a mismatch that limited how many ready-to-drink cannabis beverages people could legally carry or buy compared with other cannabis forms. Safety limits like 10 mg THC per container and child-resistant packaging would remain.
• Transition and uncertainty: Labels, sales systems and law enforcement practices will need updates. During the 12‑month label transition, consumers and police may see older labels that don’t reflect the new, higher possession limit. The proposal would require outreach so people and police understand the change.

If you want to comment or read the full regulatory text and analysis, see the Canada Gazette entry published by Health Canada on March 12, 2022.