Canada: Medical Cannabis & Cannabinoid Regulation 2021


24 June 2021 by Matt Maurer , Hunter Forman and Siena Hilley Bland Torkin Manes LLP Your LinkedIn Connections with the authors Law and Practice 1. Legal/Regulatory Framework 1.1 Source of Regulations There are both federal and provincial/territorial laws and regulations that govern the cannabis industry in Canada. In some instances, there are laws and regulations at the municipal level as well. Generally speaking, the federal government has the authority to regulate all aspects of the cannabis industry except for rules pertaining to sale, consumption and distribution, which are left to the provinces and territories, consistent with their constitutional jurisdiction over property and civil rights. Federal On 17 October 2018, the federal government enacted the Cannabis Act, which resulted in the legalisation of recreational-use cannabis across Canada. According to the federal government, the Cannabis Act’s three stated objectives are to (i) keep cannabis out of the hands of young people, (ii) keep profits out of the pockets of criminals, and (iii) protect public health and safety by allowing adults to access legal cannabis. To achieve these purposes, the statute creates a strict legal framework that encompasses both medical and non-medical cannabis in Canada, and prescribes the scope of all permissible products and cannabis-related activities, as well as the offences and penalties for non-compliance. Since its enactment, the federal government has continued to refine the Cannabis Actto reflect the changing demands of this novel regulatory environment. While the Cannabis Act is the primary piece of legislation that governs cannabis within the country, there are additional federal laws and regulations that touch upon the industry in various ways. These include: the Food and Drugs Act; the Controlled Drugs and Substances Act; the Industrial Hemp Regulations; the Cannabis Exemption Regulations (SOR/2016-231); and the Cannabis Regulations (SOR/2018-144). Provincial To have a complete understanding of the regulatory framework of cannabis in…

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