Cannabis/Marijuana Marketing in Canada: Proposed New Cannabis Act Law

Practical Law Canada Competition has published a new Legal Update, which discusses proposed new cannabis/marijuana marketing and labeling rules under the draft federal Cannabis Act. Below is an excerpt with a link to the full Update published by Practical Law Canada, Competition.

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This Legal Update discusses the promotion and packaging and labelling of cannabis under Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (the Cannabis Act). The Cannabis Act will, if passed, impose strict restrictions on the marketing and packaging of cannabis and related products with significant penalties for non-compliance.

Practical Law Canada Competition

In 2016, the federal government announced its intention to introduce legislation to legalize marijuana for recreational use (see Canada one step closer to marijuana legalization, Global News, June 30, 2016).

On April 13, 2017, Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (the Cannabis Act), was introduced in the House of Commons.

Late summer is now the target date for the coming into force of the Cannabis Act, which is currently before the Senate. The Senate, whose social affairs committee recently made more than 40 largely technical amendments to Bill C-45, will hold its final vote on June 7, 2018 before the Bill returns to the House of Commons.

Health Canada has announced that the regulations under the Cannabis Act will be published as soon as possible following Royal Assent (see Proposed Approach to the Regulation of Cannabis: Summary of Comments Received During the Public Consultation, Health Canada (March 19, 2018)).

The Cannabis Act will, among other things, regulate the promotion and packaging of cannabis and cannabis accessories, which include rolling papers, holders, pipes, water pipes, bongs and vaporizers.

According to the government, the marketing related provisions of the Cannabis Act are intended to be similar to those under the Tobacco Act, S.C. 1997, c. 13 for the promotion of tobacco products, with similar key objectives including restricting access to youth (see Legislative Summary of Bill C-45 and Introduction of the Cannabis Act: Questions and Answers).

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For the full Update see: here.

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