Cannabis legislation in Canada has come with its fair share of legislative amendments. Bill C-51 not only enacted the Cannabis Act; it also introduced a number of amendments and transitional provisions relating to the Criminal Code and the Controlled Drugs and Substances Act, among others.
One change that passed almost unnoticed was the amendment to the Medical Devices Regulations (the “Regulations”).
On October 17, 2018, section 3(2) of the Regulations was amended to specify that the Regulations do not apply to drugs containing cannabis. At the same time, Health Canada thought it wise to clarify when a cannabis accessory might be considered a medical device and published a notice concerning medical devices used to deliver drugs through the inhalation of smoke.
A product that combines both a medical device component and a prescription drug containing cannabis component is considered to be a drug-device combination product. According to Health Canada’s