Cannabis Exemption (Food and Drugs Act) Regulations (SOR/2016-231)

Definitions

Marginal note:Exemption

1 Cannabis, as defined in subsection 2(1) of the Cannabis Act and in relation to which an activity is conducted in accordance with the Cannabis Act, is exempt from the application of the Food and Drugs Act, unless the cannabis

• (a) is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, or in restoring or correcting organic functions, in human beings or animals;

• (b) is represented for use in modifying organic functions in human beings or animals;

• (c) is manufactured, sold or represented for use in disinfection in premises in which food is manufactured, prepared or kept;

• (d) is an active pharmaceutical ingredient as defined in subsection C.01A.001(1) of the Food and Drug Regulations;

• (e) is a food or a cosmetic that does not contain cannabis other than a derivative, or a product made from that derivative, that is exempt from the application of the Cannabis Act under the Industrial Hemp Regulations; or

• (f) is sold to be used for the purpose of a clinical trial, as defined in section C.05.001 of the Food and Drug Regulations, or an experimental study, as defined in section C.08.013 of those Regulations.

Marginal note:Cannabis for medical purposes

2 Despite paragraph 1(a), cannabis that is manufactured or sold in accordance with the Cannabis Regulations is exempt from the application of the Food and Drugs Act from the time it is manufactured or sold by any of the following persons, unless it is represented for a use referred to in that paragraph:

• (a) a person to which a licence, other than a cannabis drug licence, was issued under subsection 62(1) of the Cannabis Act; and

• (b) a designated person as defined in Part 14 of the Cannabis Regulations.

Marginal note:Non-therapeutic research on cannabis

3 Despite paragraph 1(f), cannabis is exempt from the application of the Food and Drugs Act if it is sold to be used for the purpose of non-therapeutic research on cannabis, as defined in subsection 1(2) of the Cannabis Regulations, that is conducted in accordance with those Regulations.

Repeal

4 [Repeal]

Coming into Force

Marginal note:August 24, 2016

5 These Regulations come into force on August 24, 2016.