Edible Extracts Controversy: Organigram Files for Judicial Review of Health Canada’s Decision
New Brunswick-based cannabis producer Organigram has filed for a judicial review of Health Canada’s recent decision to require an end to sales of “edible extracts” that exceed the federal 10mg THC packaging limit. The decision has been a controversial one, and Organigram is not alone in seeking a review of it. The filing is posted under Section 18.1 Application for Judicial Review. Here’s what you need to know about the controversy.
Organigram Fights Back Against Health Canada’s Edible Extracts Ban
What is the Controversy About?
Health Canada recently ordered a halt to the production and sale of “edible extracts” that exceed the federal limit of 10mg THC per package for edibles. These products include lozenges and gummies that contain more than 10mg of THC per unit. Organigram and other companies have been producing products in this category that were packaged exceeding the federal limit, and they argue that their products are compliant. The issue has become controversial because some people feel that the federal limit is too low and that products containing more than 10mg THC per package should be available.
The Edible Extracts Controversy: Are Federal Limits Too Low?
What is Judicial Review, and Why is Organigram Seeking One?
Judicial review is a process by which the courts can ensure that the decisions of administrative bodies like Health Canada are fair, reasonable, and lawful. Organigram is seeking a judicial review of Health Canada’s decision to end the production and sale of “edible extracts” that exceed the federal limit. The company hopes to see the order quashed or set aside, requiring Health Canada to make a determination that its Jolts lozenges are a cannabis extract and do not constitute edible cannabis under the Regulations.
Organigram Takes on Health Canada with Judicial Review
What are “Edible Extracts”?
“Edible extracts” are cannabis products that are made from extracts of the cannabis plant and are intended to be consumed orally. These products are similar to edibles but are often in a different form, such as lozenges or gummies. The controversy surrounding these products arises from the fact that some of them contain more than 10mg of THC per unit, which exceeds the federal limit for edibles.
Edible Extracts vs. Edibles: What’s the Difference?
What is Health Canada’s Position on the Issue?
Health Canada has issued a public warning about non-compliant edible cannabis products that contain more than 10mg of THC per package. The federal health authority has also issued a new online document providing clarity on the issue of the classification of edible cannabis. The document notes that a cannabis edible is defined as any article manufactured, sold, or represented for use as food or drink for human beings, chewing gum, or any ingredient that may be mixed with food for any purpose.
Health Canada Takes a Stand on Edible Extracts
What Are the Implications of This Controversy?
The controversy surrounding “edible extracts” has important implications for the cannabis industry in Canada. Some people feel that the federal limit of 10mg THC per package is too low and that it prevents companies from producing products that could be popular with consumers. Others argue that the limit is appropriate and that it is necessary to protect public health and safety.
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I get it, But I don’t!
As the Canadian cannabis industry continues to grow, regulations around cannabis edibles have come under scrutiny, particularly around the 10mg THC limit per package. Health Canada’s recent decision to require an end to sales of “edible extracts” that exceed the 10mg THC packaging limit has raised concerns among some cannabis producers and advocates.
One argument for reconsidering this ruling is that the 10mg THC limit per package is arbitrary and does not take into account the variety of products available in the market. This limit applies to all cannabis edibles, regardless of the product’s format, size, or intended use. While some consumers may find 10mg THC to be a sufficient dosage, others may require a higher dose to achieve the desired effect.
Moreover, the 10mg THC limit can result in excessive packaging, which can be wasteful and environmentally unfriendly. Cannabis edibles that exceed the 10mg THC limit per package may be required to be packaged in smaller units, resulting in more packaging waste. In addition, smaller packaging may lead to higher production and transportation costs, which could be passed on to the consumer.
Another argument for reconsidering this ruling is that it could lead to unintended consequences, such as the proliferation of black market products. Producers of cannabis edibles that exceed the 10mg THC limit may choose to continue producing these products for the black market, where regulations are less strict. This could undermine efforts to ensure the safety and quality of cannabis products, as black market products may not undergo the same testing and quality control procedures as legal products.
Furthermore, the 10mg THC limit may not accurately reflect the relative potency of different cannabis products. For example, a cannabis-infused beverage may have a lower THC concentration per milliliter compared to a cannabis-infused chocolate bar, yet both would be subject to the same 10mg THC limit per package. This could result in consumers consuming more of the beverage to achieve the desired effect, leading to overconsumption and potential health risks.
Overall, the 10mg THC limit per package for cannabis edibles may not be the most effective way to regulate these products. Reconsidering this ruling could allow for more flexibility and innovation in the cannabis industry, while still ensuring the safety and quality of cannabis products. However, any changes to these regulations should be made with careful consideration and consultation with stakeholders, including producers, consumers, and public health officials
