Processed Cannabis Plant Derivatives Added

Summary#

This is a proposed Order Amending Schedule 2 to the Cannabis Act published on June 8, 2024. It would add a new entry to Schedule 2 of the Cannabis Act to cover certain processed plant derivatives that do not contain isolated or concentrated phytocannabinoids. The government is accepting comments for 30 days.

What it does#

• Adds item 5 to Schedule 2 of the Cannabis Act. The new wording covers "a derivative made by processing plant parts referred to in items 1 to 4, or a product made from that derivative, that does not contain an isolated or concentrated phytocannabinoid."
• The change is set out as a proposed Order Amending Schedule 2 to the Cannabis Act. It is published as a consultation (Part I) item; it is not yet in force.
• Interested people and businesses may send representations to the Department of Health within 30 days of the notice (contact details are given in the Canada Gazette posting).
• If finalized, the Order would come into force on the day it is published in Canada Gazette, Part II.

Who's affected#

• Companies that process cannabis or hemp plant parts and make derivatives or products from those derivatives.
• Manufacturers, retailers, or importers of processed cannabis/hemp products that do not contain isolated or concentrated phytocannabinoids.
• Regulators and legal advisers who interpret which products fall inside or outside the scope of the Cannabis Act.
• It is not perfectly clear from this notice which specific products will be affected; stakeholders are being invited to comment.

Why it matters#

• The change aims to clarify which processed plant derivatives are treated differently under the Cannabis Act. That can affect whether a product needs a cannabis licence or is subject to cannabis rules.
• For businesses, the amendment could reduce uncertainty about regulatory requirements for certain hemp/cannabis-derived products that do not contain isolated or concentrated phytocannabinoids.
• The 30-day comment period gives affected parties a chance to tell the government if the wording needs to be clearer or if it would have unintended effects.