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Health Canada to Amend Vape Regulations

Health Canada’s recently released Forward Regulatory Plan for 2020-2021 asks for the public’s opinion on potential amendments to the Cannabis Regulations to add a section about flavours in inhalable cannabis extracts.

“Cannabis Regulations” refers to a consolidated regulation that includes The Cannabis Act, The Controlled Drugs and Substances Act, and The Food and Drugs Act. Like many regulations in these acts, the purpose of this amendment would be to protect public health and safety and dissuade young people from using cannabis.

New Proposed Amendments

This new amendment would place restrictions on the flavours in cannabis extracts intended for inhalation, like vaping products. According to the Health Canada notice, the proposed amendments would align with the restrictions in the Tobacco and Vaping Products Act (TVPA).

Under the TVPA, Division 2, Section 30.41, “No person shall promote or sell a vaping product that has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the product appealing to young persons.” It goes on to state the offending flavours in Schedule 3, which include confectionery, dessert, cannabis, soft drink, and energy drink flavours.

As it sits right now, the only prohibitions on cannabis extracts intended to be inhaled are the additives already prohibited by the TVPA as well as certain sweeteners and sugars.

Have Your Say

All Canadians, including businesses, will have the change to chime in on these amendments, as well as potential amendments proposed in December, during the public comment period which should take place in spring 2021.