Area of Law: Cannabis Law
Answer # 2304
What are edibles?Region: Ontario Answer # 2304
Edibles refer to foods and drinks containing cannabis and are taken for both recreational as well as medicinal purposes.
While edibles can contain both the cannabidiol (CBD) and tetrahydrocannabinol (THC) cannabinoids from cannabis, they usually have a higher concentration of THC, producing possible effects that can range from fatigue and relaxation, to euphoria and even an increase in appetite. The THC can also produce a feeling of anxiety.
Specifically, edibles can be made with:
- marijuana – the buds, stems or leaves of the cannabis plant,
- hashish – the resin of the cannabis plant, or
- infused with marijuana or hash oils.
Different kinds of edibles
Edibles are often used as an alternative to smoking or vaping cannabis. Edibles come in many forms, including:
- candies, including animal or fruit-shaped gummies,
- butter, and
- beverages, such as cannabis tea, soda and flavoured water
Are edibles legal to sell?
Yes, edible cannabis products can now be legally be sold and purchased in Canada at licensed retailers and provincial online sellers. Along with edibles, the following two new classes of cannabis products can also legally be sold: extracts (also known as concentrates), and topicals:
- Extracts refer to concentrated THC and CBD liquid extracts from the cannabis flower (such as hash oil). Extracts can be ingested or inhaled. Vape pens used to consume extracts are also legally available for sale.
- Topicals refer to cannabis extracts prepared with alcohol, oil or wax and applied to the skin, hair or nails, such as ointments, oils, and salves.
New Health Canada regulations on edibles, extracts and topicals include strict packaging and labelling requirements, as well as restrictions on the regulated amount of THC they may contain.
Consuming edibles at home
Across Canada, individuals who have reached the age of 18 or 19 (depending on the province) and 21 in Quebec as of January 1, 2020, can make edibles at home by adding cannabis to food or drinks, as long as they do not sell the products, or share them with someone under the legal age for cannabis consumption in that province.
How much THC is in edibles?
There is a legal limit of 10 milligrams on the amount of THC – the main psychoactive ingredient in marijuana – that can be in a package of edible cannabis. However, the amount of THC in homemade edibles can vary greatly, making it difficult to control how much THC is consumed. Because of this, users may not be prepared for the often stronger potency and long-lasting effects edibles often have.
Provincial regulations on edibles
Although cannabis edibles may be legal federally, provincial and territorial governments regulate the rules regarding the sale of edibles and the consumption of edibles in public. For instance, currently the public consumption of cannabis is not allowed in: Manitoba, New Brunswick, Newfoundland and Labrador, PEI, Saskatchewan and Yukon. In Quebec, the sale of cannabis edibles in the form of candies and desserts are banned.
For legal advice and assistance with a cannabis related matter, contact our preferred cannabis law expert, Harrison Jordan Law .
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