Question Period Note: Cannabis

Since its coming into force on October 17, 2018, the Cannabis Act has created a strict legal framework for controlling the production, distribution, sale and possession of cannabis across Canada.
The legislation is designed to keep cannabis out of the hands of youth and profits out of the pockets of organized crime by fostering a robust legal and regulated industry

Since 2018, our Government 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.
Since legalization, rates of use among youth have not changed significantly, and more Canadians who consume cannabis are purchasing from legal retailers.
Health Canada has launched an independent review of the legislation, led by a panel of respected experts, to examine the progress made towards achieving the Act's objectives and identify priority areas for improvement.
IF PRESSED ON THE LEGISLATIVE REVIEW OF THE CANNABIS ACT …
On September 22, 2022, our Government launched an independent legislative review, which will assess the progress made towards achieving the Cannabis Act’s objectives.
The Expert Panel published a What We Heard report, which summarizes the input heard during their extensive stakeholder engagements to date.
Health Canada is reviewing the report, and we value the Panel's efforts to include all diverse perspectives, particularly those of Indigenous communities and marginalized groups.
The Panel will continue its review of the Act, and a final report is expected to be tabled in Parliament by March 2024.
IF PRESSED ON INCLUDING THE MEDICAL ACCESS REGIME IN THE REVIEW …
The Government actively monitors the medical access program and has committed to evaluate the framework within the legislative review of the Cannabis Act.
There has been significant stakeholder interest in the access to cannabis for medical purposes framework. This legislative review presents an opportunity to hear the views and perspectives of these stakeholders.
IF PRESSED ON COMPLAINTS REGARDING PERSONAL PRODUCTION WITH A HEALTH CANADA AUTHORIZATION …
Health Canada continues to take action to strengthen oversight and reduce the risk of abuse of the program.
Under the Cannabis Regulations, Health Canada may refuse or revoke a registration on public health or public safety grounds. These decisions may be made based on information shared by law enforcement.
As of August 31, 2023, Health Canada has refused or revoked over 2,300 registrations under the Cannabis Regulations, including over 1,700 for reasons of public health and public safety.
The number of individuals currently registered with the program is the lowest since the Act came into force
IF PRESSED ON THE RISE IN PAEDIATRIC CANNABIS POISONINGS …
Health Canada is concerned about potential harms to children who accidentally consume cannabis.
The Department issued a public advisory in December 2021, and updated the advisory in April 2022 and May 2023. The advisory includes guidance on how to recognize and react to accidental cannabis consumption and poisoning.
In Spring 2023, Health Canada also launched a public education campaign to help prevent accidental poisonings in children from edible cannabis.
Health Canada continues to educate Canadians on this important issue and continues to monitor reports of adverse reactions to cannabis.
IF PRESSED ON RECENT STUDY RELATED TO EMERGENCY DEPARTMENT VISITS FOR CANNABIS-INDUCED PSYCHOSIS AND TRANSITIONS TO SCHIZOPHRENIA AMONG ADOLESCENTS/YOUNG ADULTS …
Health Canada is aware that frequent and prolonged use of cannabis can contribute to mental health problems over time and may bring on, or worsen anxiety, mood and psychotic disorders.
The Department continues to educate Canadians on the mental health risks associated cannabis use through various public education tools.
IF PRESSED ON NON-COMPLIANT EDIBLE CANNABIS PRODUCTS THAT EXCEED THE REGULATORY LIMIT FOR THC …
The Cannabis Act and its regulations were designed first and foremost to protect public health and public safety.
Health Canada is aware of non-compliance regarding edible cannabis products with tetrahydrocannabinol (THC) quantities that exceed the allowable 10 mg per container limit.
Health Canada is working with regulated parties to resolve these issues in a timely and appropriate manner.
IF PRESSED ON ILLEGAL CANNABIS PRODUCTS TARGETED AT YOUTH…
The Cannabis Act aims to protect youth from the risks of cannabis, including by restricting promotion; prohibiting products and packaging appealing to youth; and setting THC limits.
Illegal edible cannabis often mimics common snacks, and candy and may contain harmful levels of contaminants and dangerously high levels of THC.
The Act gives law enforcement tools to crackdown on illegal sales, including those targeting youth.
Health Canada continues to educate Canadians, so they understand the difference between legal and illegal cannabis and the health and safety risks.
IF PRESSED ON THE YOUTH-ORIENTED PUBLIC EDUCATION CAMPAIGN…
We invested in prevention campaigns to educate youth and young adults on risks and harms of substance use, including cannabis.
In 2018, Health Canada launched Pursue Your Passion, a campaign for high schools and universities across Canada.
The campaign was updated to be a teacher-led presentation for youth to include information on different methods of consumption and effects of cannabis on mental health.
The Department also launched an updated version as a virtual, ambassador-led presentation, visiting over 260 schools between March and June 2023 and continues throughout the current school year.

The Cannabis Act
On October 17, 2018, the Cannabis Act came into force, implementing a new comprehensive public health approach that is more effective in protecting youth and keeping profits out of the pockets of criminals and organized crime.
The Cannabis Act creates a legal and regulatory framework for controlling the production, distribution, sale and possession of cannabis in Canada. This framework was informed by the recommendations of the Task Force on Cannabis Legalization and Regulation.
The Act restricts youth access to cannabis; prohibits promotions that are designed to encourage youth to use cannabis; imposes serious criminal penalties on people who break the law, especially those who import or export cannabis illegally, or provide cannabis to youth; establishes strict product safety and quality requirements; reduces the burden on the criminal justice system; provides for the legal production of cannabis; allows adults to possess and access regulated, quality-controlled, legal cannabis; and, enhances public awareness of the health risks associated with cannabis.
For example, the Regulations require plain packaging and labelling for all cannabis products with restrictions on logos, colours, and branding. Cannabis products must be in packaged in a child-resistant container and be labelled with the standardized cannabis symbol, the mandatory health warning message, and include specific product information (e.g., delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD) information).
Legislative Review
The Cannabis Act requires that the Minister initiate a review of the Act and its administration three years following the coming into force of the Act (i.e., after October 17, 2021), and that a report of the review’s findings be tabled before both Houses of Parliament within 18 months of the start of the review.  
The Cannabis Act further stipulates that the review must include an assessment of the impact of the Cannabis Act on public health and, in particular, on: the health and consumption habits of young persons in respect of cannabis use; Indigenous persons and communities; and, the cultivation of cannabis plants in a dwelling-house.  
On September 22, 2022, the Minister of Health and the Minister of Mental Health and Addictions launched the legislative review of the Act. An Expert Panel, chaired by Morris Rosenberg, is leading the review, and a report including findings or recommendations resulting from the review will be tabled in both Houses of Parliament by March 2024.
The first phase of the review is concluding and has focused on engaging with the public, stakeholders and Indigenous groups to gather evidence and perspectives on the Government’s progress in achieving the Cannabis Act’s objectives.
Medical Access Framework
Medical Regime
Health Canada administers a medical access program under the Cannabis Act and the Cannabis Regulations.   
Within the current regulatory framework, individuals who have an authorization from their health care practitioner can access cannabis for medical purposes in one of the following ways:
• purchase quality-controlled cannabis from a wide variety of federally licensed sellers inspected by Health Canada;
• produce an authorized amount of cannabis for their own medical purposes; or
• designate someone to produce cannabis for them.
As of June 30, 2023, 203,933 patients were registered with federally licensed sellers (Note: these are not always unique individuals as individuals may be registered with more than one licensed seller, provided an original medical document was used with each registration).
As of July 31, 2023, 16,507 individuals were registered with Health Canada for personal and designated production of cannabis for their own medical purposes.
Licensed cannabis producers must pay a federal excise duty when they package cannabis products, including those sold to patients for medical purposes. Federal policies related to excise duties on cannabis fall under the purview of the Minister of Finance. 
Authorizations for personal or designated production
Personal and designated production are subject to regulatory requirements designed to ensure that cannabis is consumed only with the approval and under the supervision of an authorized health care practitioner. 
Health Canada reviews all applications for personal or designated production to ensure that the regulatory requirements are met. Health Canada also confirms that the health care practitioner is authorized by—and in good standing with—the relevant provincial or territorial regulatory health authority, and that the medical document is an original that has not been altered or falsified.  
Once a registration certificate is issued, the personal or designated producer may not produce in excess of the maximum limits outlined in a registration certificate and may not sell cannabis to any person. Selling cannabis without authorization is a criminal offence.  
A maximum of four registrations are permitted per production site. Only the individuals authorized to produce cannabis for their own medical purposes, or the person designated to produce it for them, can tend to the plants.
Health Canada has the ability to inspect a production site if it is not the registrant’s home to ensure it is abiding by the terms set out in the individual’s registration certificate.
Indigenous Participation
Engagement with First Nations, Inuit, and Métis communities on the legalization and regulation of cannabis for non-medical purposes began in 2016 as part of the Task Force on Cannabis Legalization and Regulation. The Government’s engagement has continued throughout the development and implementation of the Cannabis Act and its Regulations.
Indigenous participation in federally regulated commercial cannabis activities is limited, but growing. Health Canada provides services for Indigenous and Indigenous-affiliated applicants for a federal licence including:
• Indigenous Navigator Service: guides and assists Indigenous and Indigenous-affiliated applicants, and answer requests from applicants for additional information.
• Cannabis Licensing Advisor: offers intensive advisory assistance to Indigenous and Indigenous-affiliated applicants that have strong support from the local Indigenous government and where direct benefits for the community are expected.
• Two-Stage review process: Indigenous and Indigenous-affiliated applicants may have their applications reviewed without a fully built site that could assist in obtaining financing and construction.
Health Canada has heard that respect for First Nations’ jurisdiction over cannabis activities in their communities is the highest priority related to cannabis for many First Nations. First Nations are working to control the spread of activities that are not authorized or supported by community leadership, and which are not in conformity with federal/provincial/territorial frameworks.
Accidental Paediatric Ingestion of Cannabis and Poisonings
Various sources of evidence indicate significant associations between cannabis legalization and increases in cannabis-related emergency department visits, hospitalizations, intensive care unit admissions and poison center calls, both in Canada and across many U.S. states.
These increases have been attributed to accidental ingestion of edible cannabis in those under 12 years old, and primarily by children younger than 5 ingesting cannabis whose source is unknown or illegal. Illegal edible products – often referred to as ‘copycat’ products – resemble popular confectionary products (e.g., Starbursts, Skittles) that come in colorful packaging and are appealing to children. Further, illegal edible products can contain 100 mg of THC or more per package, whereas legal cannabis products cannot exceed more than 10 mg of THC per package. The 10 mg THC limit on legal edible cannabis products exists to protect against accidental consumption, overconsumption and poisoning.
Since the coming into force of the Cannabis Act and its regulations, Health Canada monitors, assesses and reports on adverse reactions associated with cannabis, including cases of accidental ingestion of edible cannabis by children, through the Canada Vigilance Database. The findings are used to inform evidence-based information on health and safety risks with cannabis, including risk communications and educational resources.
The Department issued a public advisory in December 2021, and updated the advisory in April 2022 and May 2023. The advisory reminds Canadians of the risk of serious harm should children accidentally consume edible cannabis, particularly products that are illegal and unregulated. It also helps to identify illegal ‘copycat’ edible cannabis products..
In Spring 2023, Health Canada also launched a public education campaign on the risks of accidental cannabis poisonings in children and to provide information on how to help prevent cannabis poisonings, what a poisoning looks like, and what to do if a cannabis poisoning is suspected.

The legal cannabis market continues to displace the illicit market. According to Statistics Canada data, the legal share of the value of cannabis consumed has steadily increased to 72% in the second quarter of 2023, compared to just 9% prior to legalization.