Original post date: January 2023
It has been over four years since the Cannabis Act was implemented, and in that time, consumers, patients, and governments have had the opportunity to discern which policies and regulations are working, and which ones need to be revised.
Diplomat Consulting advises various stakeholders on ways to advocate for legislative changes at the federal, provincial, and municipal levels. Based on our experiences in the industry, we’ve compiled a list of what we believe needs to be amended in the Cannabis Act and Cannabis Regulations.
However, this isn’t another list detailing the need for higher THC limits, cutting taxes, or changing packaging guidelines – while we support changes to those areas; we are of the opinion that there are other issues that threaten the legitimacy and functionality of the cannabis industry as it grows and matures.
1. Laboratory Standards
As the cannabis industry undertakes research and development and new product forms are released to the market, there is a need for the standardization of cannabinoid laboratory testing.
Section 97 of the Cannabis Regulations stipulates that: “the allowable potency variability limits for all cannabis products, ranging from 15% to 25% above and below the listed value”. This regulation understands that when testing cannabis there are minor variations due to environmental factors. However, there is a lack of standardized laboratory testing that uses a calibrated and traceable reference system.
There have been several issues that have arisen related to unstandardized potency testing. For example, there were numerous recalls for products where potency amounts were labeled incorrectly, including:
- Health Canada reminding industry to test individual lots of cannabis, after noting that various companies employed a static labelling approach: https://mjbizdaily.com/health-canada-issues-reminder-on-cannabis-potency-labeling/
- Legal cannabis products containing incorrect THC amounts: https://calgaryherald.com/cannabis/cannabis-business/faulty-thc-dosages-turning-up-in-legal-cannabis-health-canada
To ensure the safety and efficacy of cannabis products—especially those used for medical consumption—consistent cannabinoid testing via ISO standardization is critical.
As witnessed in the United States, some companies have been taking advantage of a system whereby they seek testing laboratories that are willing to “stretch” the results. This practice is also prevalent in Canada. The result of such a practice is it undermines the legitimacy of the industry and erodes consumer trust in legal cannabis products[1].
Without Health Canada implementing standardized testing requirements, there is a lack of coordination amongst producers and testers that results in the breakdown of clinical traceability and commutability[2].
2. Toxicity and Emission Testing
Health Canada has not implemented any regulatory policy regarding toxicity and emission testing for combustible cannabis products.
Toxicity and emission testing is a standard requirement for tobacco products given when it is burned, people are exposed to various toxins and chemicals, either directly or indirectly through smoke. While toxicity and emissions information are readily available and extensively studied for tobacco products, there is a lack of comparable information for combustible forms of cannabis.
This lack of standardized testing leaves a large gap in consumer information. Such testing is crucial given as additional product forms are developed and commercialized, consumers are not in a position to make educated decisions without understanding the risks and benefits associated with these products.
As other G20 nations look to develop their own cannabis for medical purposes and adult use regimes, toxicity and emission testing requirements will be part of the policy/legislative process. For example, Germany has already expressed interest in such standards and as part of their efforts will be conducting their own due diligence.
3. Vaporizer Hardware
The Canadian cannabis industry has developed several product forms that are suitable for use in vaporizer inhalation devices or “vapes”, but there are no corresponding requirements for the hardware used in these devices.
There are various hardware designs for:
- Dry cannabis flower (i.e., dry herb vapes),
- Oil extract materials (i.e., cartridge vapes and vape pens), and
- Other extract type materials (dab rigs and pens).
Given this diversity, there are numerous questions from consumers and industry stakeholders:
- What is the standardized temperature to heat the cannabis product for maximum efficacy in vaporization?
- What are the appropriate metals and materials to build the vaporizer hardware?
- What peer reviewed research is being utilized to ensure the safety of these products and vaporization temperatures?
We believe consumers should be free to make the choice on the product and mode of consumption, however, the hardware in these vaporization devices should be backed by research to ensure the safety and efficacy of these products.
4. Naming Conventions
Canada has over 20 years of history when it comes to cannabis as a product used for medical purposes, and with the latest round of consultations about marketing CBD as a non-prescription health product, the goal should be to ensure there are standardized formulas and naming conventions for these products.
This issue has become more important as the adult use market shifts from using breeding genetics as dry flower cultivar names, towards the creation of misleading names that attempt to obscure the cultivars true genetic lineage. Consequently, consumers lack credible information to make informed and educated choices.
Cannabinoids are not the only compounds of note in cannabis; there is also a variety of terpenes and flavonoids contributing therapeutic and medicinal effects. These effects need to be evaluated and classified scientifically. By defining genetic lineages, naming conventions, and formulation classifications, the cannabis industry enhances consumer education, understanding, and access.
Conclusion
As the Canadian government begins its review of the Cannabis Act, it needs to clearly consider the policies and regulations that support:
- Laboratory Standards,
- Toxicity and Emission Testing,
- Vaporizer Hardware, and
- Naming Conventions.
The lack of standardization threatens the legitimacy and functionality of the cannabis industry. By introducing cannabis reform and legislation that clearly defines parameters in the above-mentioned areas, the federal government will enhance cannabis consumers’ ability to make educated decisions and ensure the sustainability of the industry as it matures and evolves.
[2] Commutability is the linked relationship between clinical samples and reference materials.
