e-4643 (Health)

Since 2018, the Government of Canada has implemented a robust public health approach to keeping cannabis out of the hands of youth and ensuring adults have access to a quality-controlled and regulated supply, while reducing the illicit market.

On December 13, 2016, the expert Task Force on Cannabis Legalization and Regulation recommended that the Government of Canada permit the legal sale of a broad range of cannabis products in order to displace the illegal market, while subjecting these products to strict regulatory controls to protect the health and safety of Canadians, to keep cannabis from youth, and to keep profits from criminals and organized crime. One specific recommendation made by the Task Force was for the Government to set a maximum delta-9-tetrahydrocannabinol (THC) limit per serving, and per product, for edible cannabis. 

Following the work of the Task Force and after extensive consultations with a diverse range of stakeholders, the Cannabis Act and Cannabis Regulations were enacted. Together, they enable a diverse legal cannabis industry inclusive of large and small businesses across the country while including important regulatory controls to address public health risks posed by cannabis (including different product forms like edible cannabis, cannabis extracts and cannabis topicals), particularly for youth.

These measures aim to reduce the risks of accidental consumption and overconsumption, while providing consumers with the information they need to make informed decisions before using a cannabis product. 

High levels of THC can result in severe cannabis poisoning. Accidental cannabis poisonings in children and older adults from edible cannabis are a serious risk. Hospitals have seen an increase in visits to the emergency room and poison centers have seen an increase in calls.  

The limit draws heavily on lessons learned from, and the limits established by U.S. states that have legalized cannabis. It is important to note that the 10 mg limit does not represent a safe “dose” or standard “serving size” for THC, particularly for new and novice consumers. Everyone’s response to cannabis differs and can vary from one time to the next. Establishing limits on the quantity of THC allowed in the new classes of cannabis was a more effective means of addressing the risks of accidental consumption and overconsumption than establishing a maximum concentration of THC (or “potency”) that could be in a product. 

On September 22, 2022, the Minister of Health and the Minister of Mental Health and Addictions launched the legislative review of the Cannabis Act, which was led by an independent Expert Panel. During the review, the Expert Panel engaged with stakeholders, including the Ontario Cannabis Store, and received input on a variety of topics, including the legislative and regulatory restrictions that are currently in place to safeguard public health. On May 24, 2023, the Competition Bureau published a submission to Health Canada and the Expert Panel to support the legislative review. Submissions, such as that of the Competition Bureau, were considered as part of the Panel’s review. Please see the Final Report of the Legislative Review of the Cannabis Act for a complete list of all organizations and experts engaged with by the Expert Panel.

The Expert Panel provided 54 recommendations of which recommendation 39 states that Health Canada should maintain the current limit of 10 mg of THC per edible cannabis products and continue to develop the research in this area to determine whether there are conditions under which the limit could be raised without unduly impacting public health. Health Canada is currently carefully reviewing and analyzing the report and its recommendations. The Panel’s findings will help inform Health Canada’s ongoing efforts to improve the operation and administration of Canada’s cannabis control framework.