October 18, 2019
When recreational cannabis was legalized in Canada on October 17, 2018, the legalization of cannabis-infused products for commercial production and sale was delayed until a year later, October 17, 2019.
Under the Regulations Amending the Cannabis Regulations, SOR/2019-206, the federal government has regulated edibles, topicals (e.g. lotions) and extracts. The regulation sets a limit of 10 mg of THC in a single serving of edible product and a package of edibles cannot exceed 10 mg of THC. Given the realities of government licensing delays and edible production timelines, it will be likely be several months before commercially produced edibles are readily available for purchase nationally. However, we do anticipate that they could very well be available for the Holiday season in December – beware of what you may be gifted (or served at a holiday party)!
As with marijuana in its traditional form, employers may regulate the possession and consumption of all types of recreational marijuana in the workplace. From a workplace safety perspective, the legalization of edibles brings its own challenges:
Employers, particularly those who operate in safety sensitive environments, should continue to consistently enforce their existing drug policies to ensure a safe workplace free of cannabis impairment.
If you have any questions about this topic or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.