Since the initial wave of legalization in 2018, cannabis continues to be a hot topic across Canada. The second wave of legalization, also known as Cannabis 2.0, came into effect on October 17, 2019, and with it comes the opportunity to manufacture and sell cannabis edibles, extracts and topicals, in addition to the other product forms.
Here are five key points on Cannabis 2.0 you should know about:
- Notwithstanding that the 2.0 legislation came into force on October 17, 2019, 2.0 products must undergo a 60-day notice period before they can be sold in the market. As a result, these new product forms will start to become available in late December 2019.
- Not all provinces permit the sale of all types of cannabis products. Quebec and certain other jurisdictions have, or indicated that they intend to, set limits on potency and product types that can be sold.
- The federal government has tightened already strict requirements on cannabis advertising, including advertisements that may constitute or include health and cosmetic claims.
- Despite the United States' permissive approach to hemp-derived cannabidiol (CBD), CBD in Canada remains subject to the same rules as other cannabis products, regardless of where it is sourced from.
- A new category for cannabis health products may be introduced in 2020/21 that could allow for a less stringent market, potentially creating not only a new industry, but also opportunities for companies looking to get into the wellness space.
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© 2019 Blake, Cassels & Graydon LLP.
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