Schedule 2 Amended to Cover Plant Derivatives

Summary#

This is a proposed Order Amending Schedule 2 to the Cannabis Act published in the Canada Gazette, Part I on June 8, 2024 by the Department of Health. It would add a new item to Schedule 2 to cover certain plant-derived products that do not contain isolated or concentrated phytocannabinoids. Interested people may make representations within 30 days of the notice.

What it does#

• Adds a new item (item 5) to Schedule 2 of the Cannabis Act that reads, in effect: a derivative made by processing the plant parts listed in items 1 to 4, or a product made from that derivative, provided it does not contain an isolated or concentrated phytocannabinoid.
• Invites public comments on the proposed order during the comment window of 30 days after publication.
• States the order would come into force on the day on which it is published in the Canada Gazette, Part II.

Who's affected#

• Businesses that process the plant parts already listed in items 1 to 4 of Schedule 2 and that make derivatives or products from them.
• Companies that make, import, or sell products derived from those plant parts where the product does not contain isolated or concentrated phytocannabinoids.
• Consumers of such products may be affected indirectly if the change alters how those products are treated under federal rules.
• The exact list of plant parts covered is not reproduced in this notice, so it may be unclear which specific sectors or crops are affected without checking the full Schedule 2 text.

Why it matters#

• The change clarifies that certain processed derivatives and products without concentrated cannabinoids are addressed in Schedule 2, which could affect how those products are regulated or enforced under the Cannabis Act framework.
• Producers, retailers, and consumers of plant-derived cannabinoid products should watch the proposal and consider commenting within 30 days if they have concerns or information for the Department of Health.