Processed Cannabis Derivatives Added to Schedule 2

Summary#

This is a proposed Order Amending Schedule 2 to the Cannabis Act from Health Canada that would add a new listed item allowing certain processed derivatives or products made from plant parts already listed in Schedule 2. The public can comment for 30 days after the notice was published on June 8, 2024; the order would take effect when it is published in the Canada Gazette, Part II.

What it does#

• Adds a new item (item 5) to Schedule 2 to the Cannabis Act that 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.”
• Opens a public comment period of 30 days after the publication date (June 8, 2024) for people and organizations to make representations about the proposed order.
• States the order would come into force on the day it is published in the Canada Gazette, Part II (no firm date in this notice).

Who's affected#

• Businesses that process or make products from the plant parts already listed in Schedule 2 (items 1–4). The notice does not repeat what items 1–4 are, so the exact types of plant parts covered are not listed here.
• Retailers and consumers of products made from those derivatives, if those products currently face different regulatory treatment.
• Health Canada and other regulators responsible for enforcing the Cannabis Act, because the change alters how some products are classified.

Why it matters#

• If adopted, the change would mean some processed plant derivatives and products that do not contain isolated or concentrated cannabinoids would be specifically covered by Schedule 2’s new item rather than treated the same as materials that do contain concentrated cannabinoids. That can affect how those products are regulated, manufactured, labeled, and sold.
• The proposal could change what products are legally easier to bring to market or sell, and it may affect consumer access to certain processed plant products.
• The government is seeking public input for 30 days starting from the notice on June 8, 2024, so stakeholders have a short window to comment before any final order is made.