Health Canada is continuing its crackdown on cannabis product classification, specifically taking aim at Ontario company Indiva and its lozenges.
The Indiva hard candies, which contained 10 mg of THC a piece, were classified as “extracts” rather than “edibles,” according to the federal agency, and because of this classification, its Wild Cherry and Life Lemon THC Lozenges were previously available in 100 mg, 250 mg and 500 mg formats, according to a press release from the company.
“Consistent with the legislative requirements and the Company’s research, the Company classified the Products as cannabis extracts. Currently, the Company has paused production of the Products as it consults with its advisors and considers next steps and a potential resolution of this matter,” Indiva says in the release. The company also said it may decide to resume manufacturing of these products using alternative packaging formats.
In Canada, there is currently a 10 mg THC cap on edibles, but edible extracts have been a popular alternative for consumers looking for a higher dose. In 2022, Indiva was also among a number of other Canadian cannabis companies to challenge Health Canada and ask for a higher cap.
Indiva CEO Niel Marotta previously told City News that consumers are returning to the illicit market as an unintended consequence of the 10 mg THC cap on edibles, adding that the limit is “a half-a-billion-dollar market failure and a public safety problem.” Even so, the cap is still the same today, which has caused some producers to work around the limit with edible extract products, containing up to 500 mg of THC per package.
Health Canada’s rules for edibles limit THC at 10 mg per package, regardless of the amount of pieces in the package. The same 10 mg limit applies to ingestible extracts per unit or dispensed product. Conversely, the entire package can contain up to 1,000 mg of THC.
Back in January, Health Canada began sending out “stop sale” requests to companies like Indiva, arguing that these products must be classified as edibles and should not exceed the 10 mg THC limit in each package, according to MJBizDaily.
“Health Canada has identified edible cannabis products erroneously being classified and marketed as cannabis extract products,” the public health agency said in an email to the publication “These noncompliant products do not meet the controls in the Cannabis Act and Cannabis Regulations which serve to mitigate against public health and public safety risks associated with edible cannabis.”
This isn’t the only time Health Canada has faced criticism for its cannabis product limits. The government corrected what had long been criticized as bad math regarding its limits on cannabis beverages. In December 2022, the regulatory agency dramatically increased the limit for cannabis-infused drinks, allowing individuals to possess up to 17.1 liters (or 48 12-ounce cans) of cannabis beverages in public for non-medical purposes, up from approximately 2.1 liters (or five 12-ounce cans) under the previous rules.
The previous rules also deemed that every 70 grams of a cannabis beverage was equal to one gram of dried cannabis, which means that a 12 oz (355 mL) drink counted as more than five grams of cannabis, even if the beverage only contained 2.5 mg of THC. Conversely, a 30 mL bottle of cannabis oil could contain more than 800 mg of THC and count as less than half a gram of dried cannabis.
Earlier this month, Health Canada issued a press release warning consumers of products like Indiva’s lozenges, labeled as extracts, saying they could lead to overconsumption of THC. It also issued a new online document clarifying the classification of edible cannabis.
