When the federal government pushed legislation for the legalization of recreational cannabis edibles a few years ago, many Canadians felt the first invitation to a huge festival of great music, dance and fun. After the definitive regulations for cannabis-infused foods were released on Friday, it now feels more like a bingo day in a dingy gym — especially for the industry.
More than 7,000 documents were submitted to Heath Canada in the 60-day consultation phase following the publication of the draft food regulation last December. However, most recommendations were apparently overlooked. The federal authority is clearly risk averse.
By isolating food from other products in the production, sale and promotion of food, it becomes clear that this government sees cannabis as a drug and not as a consumable commodity. Health Canada targets the industry as it should, but its prudent approach could ultimately increase the risks for consumers who want to try these new cannabis products.
The rules are set by Health Canada, but it appears that, although there are more than 3,200 on-site inspectors, the Canadian Food Inspection Agency is not actively involved in ensuring that industry complies with regulations. This could create challenges and confusion for both regulators and industry, and coordination between industry and regulators must be established.
Also, some provisions in the amendment to the Cannabis Law are clearly absurd. It is completely unreasonable to require companies to process and build cannabis-infused products in a separate facility before applying for a license. This measure will be a major obstacle for companies wishing to explore the cannabis area and market food. None of that changed from the December design.
The law contains important and necessary rules for the protection of children’s safety, including strict labeling guidelines and a ban on the production of gummy bears. However, it is not difficult to see that the illegal market is taking advantage of the strict rules. A recent study by Dalhousie University found that 71 percent of Canadians who support legitimate cannabis are willing to try an edible product at some point. The market for edible goods is clear and many consumers may be tempted to buy unregulated edible goods online. In Colorado, the sixth year legal cannabis is produced for recreational use, food accounts for more than 40 percent of its revenue, and the illicit market still accounts for about 20 percent of the market.
The Dalhousie study found that nearly 10 percent of Canadians cook at home with cannabis at least once a month. It’s hard to see that this number is anywhere but under the final guidelines.
Health Canada was predictable during this process and showed little interest in listening to the industry, which could be a helpful partner in educating Canadians about a product that lacks reliable science.
With the government before the beginning of a federal election campaign, Marijuana edibles canada clearly went the way to reduce the risk. Most Canadians have no problem with that, but the work of an overzealous regulator can be costly. This can only delay our journey to a society where cannabis is no longer stigmatized.
It’s hard to imagine a situation where the industry is not trying to test regulators by moving the rules. We already see it in terms of marketing products and sponsoring events. Health Canada wants to run a dense ship with food, but the industry has wind in its sails and moves fast. In order to meet the swift rules that require separate facilities, companies will work together more closely, leading to partnerships and situations where they will jointly pursue research and development agendas and distribution strategies. The C3 Global Cannabis Innovation Center in Montreal, which includes McGill University, is a good example.
It’s hard to imagine a situation where the industry is not trying to test regulators by moving the rules. We already see it in terms of marketing products and sponsoring events. Health Canada wants to run a dense ship with food, but the industry has wind in its sails and moves fast. In order to meet the swift rules that require separate facilities, companies will work together more closely, leading to partnerships and situations where they will jointly pursue research and development agendas and distribution strategies. The C3 Global Cannabis Innovation Center in Montreal, which includes McGill University, is a good example.
Several years ago, federal Liberals told skeptical Canadians that cannabis should be legalized and that one of the benefits would be world-leading expertise in the field. Canadians clearly want cannabis products, but it seems Ottawa is now lacking in conviction.
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