The Cannabis Act
received Royal Assent on June 21, 2018 and came into force on October 17, 2018. Cannabis has been removed from the scope of the Controlled Drugs and Substances Act
(CDSA) and is now subject to the Cannabis Act
and its regulations.
Topical products containing these ingredients are not subject to the Food and Drugs Act
if they meet the conditions of the Cannabis Exemption (Food and Drugs Act) Regulations
. A licence under the Cannabis Regulations
will be needed to manufacture all cannabis products – even if they do not contain THC. This includes most products containing ingredients derived from industrial hemp, including cannabidiol (CBD), but excludes products containing ingredients derived from the grain of industrial hemp, provided they contain no more than 10 micrograms per gram (10 ppm) THC, as well as materials exempted from the definition of cannabis under Schedule 2 of the Cannabis Act
. Please see the Cosmetic Ingredient Hotlist entries for “Cannabis, as defined in subsection 2(1) of the Cannabis Act
” and “Cannabis spp.
(hemp) derivatives” for further details on the conditions of use in cosmetics.
Those selling cosmetic products with Cannabis sativa seed derivatives that are exempt from the application of the Cannabis Act
under the Industrial Hemp Regulations
(IHR) should also be aware of the IHR requirements, particularly those set out in Section 2, regarding importation, exportation and wholesale sale of exempted derivatives or products made from those derivatives. The regulations can be found here:
Until October 17, 2019, the only classes of cannabis that can be legally sold under the Cannabis Act are: dried cannabis, fresh cannabis, cannabis oil (including cannabis oil for topical use), cannabis plants, and cannabis seeds. These products can only legally be sold by provincially- or territorially-authorized cannabis retailers or by a federally-licensed seller of cannabis for medical purposes.
Health Canada has published new regulations for edible cannabis, cannabis extracts, and cannabis topicals. The Regulations will come into force on October 17, 2019. The regulations can be found here:
You may find additional information on cannabis here: https://www.canada.ca/en/services/health/campaigns/cannabis/industry.html
Should you have any questions regarding cannabis products, we encourage you to contact firstname.lastname@example.org