Canadian Legislative News

Next Phase of Cannabis Legalization Goes Into Effect, Opening Door to Edibles

Recreational cannabis became legal in Canada in October 2018 and is now available through private or government-run online stores. Now the country once again faces change as amendments to the Cannabis Regulations - setting out the rules governing the legal production and sale of cannabis extracts, topicals, and edibles - take effect. (As required by the Cannabis Act, the amended regulations came in force on October 17, 2019. However, it will take time, after that date, before new cannabis products become available for purchase.) 

All drivers can be convicted for exceeding the legal limit for tetrahydrocannabinol (THC), the principal psychoactive constituent of cannabis, in the bloodstream. Drivers who have two-to-five nanograms of THC per milliliter of blood within two hours of driving would face a summary conviction and a fine of up to $1,000.

For fleet managers, it is important to fully inform employees of the new cannabis regulations while being clear about work implications should they be found under the influence. Developing policies that ensure the health and safety of all employees at work will be crucial. Just as it is presently with any employee cited for D.U.I. (alcohol, medicines, etc.), a fleet’s ability to know its drivers are not compromised by cannabis – smoked, eaten, or received trans-dermally - plays a necessary role in avoiding negligent entrustment infractions. 

In preparation for legalization, the federal government has pledged $161 million over the next five years for law enforcement training and drug-testing equipment. Police departments are training drug recognition experts and will continue to use field sobriety tests. The federal government released a draft regulation for consultations detailing the new criminal driving offenses as it relates to cannabis. The regulations will provide guidance on how to prosecute drug-impaired drivers. 

It is expected that a limited selection of edible products will appear gradually in physical or online stores and no earlier than mid-December 2019. Federal license holders will need to provide 60-days’ notice to Health Canada of their intent to sell new products, as they are currently required to do. 

Additionally, as with any new regulatory framework, federally licensed processors will need time to become familiar with and prepare to comply with the new rules and to produce new products. Provincially or territorially authorized distributors and retailers will need time to purchase and obtain the new products and make them available for sale. 

The federal government will continue to set the general framework, but provinces can regulate further. The rules around legal cannabis edibles and topicals would be different in each province. Fleets – especially for organizations that operate cross-provincially – should strive to have clear, consistent rules and policies that, while not infringing upon any citizen's rights, support safe practices for all.

Public education and awareness efforts are critical to informing adult consumers about the unique health and safety risks posed by these cannabis products. Health Canada has made available new evidence-based resources and updated content on its website to support consumers in making informed decisions about cannabis. For more information, visit: https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis.html