Organigram receives final ruling from Health Canada: Jolts are an edible

March 22, 2024 | David Brown

Organigram says it has received a final ruling from Health Canada, again concluding that its Edison Jolts lozenges are an edible, not an extract.

The New Brunswick cannabis producer made the announcement near the end of the day on Friday, March 22.

Organigram launched Edison Jolts in 2021 as the first of a wave of similar products to hit shelves in the following year. The products offered consumers more than the 10mg THC limit per package allowed under Health Canada’s rules for edibles, arguing that they were classified as extracts and, therefore, not subject to the same THC limits.

By early 2023, Health Canada began telling producers they could no longer sell these products. In March of that year, several other companies confirmed with StratCann that they would also pause production, with Health Canada giving them until May 31, 2023, to cease selling and distributing those products.

Organigram filed for a judicial review of that decision in March 2023, and in August, a judge approved Organigram’s application. The review was related to the process Health Canada took to arrive at their decision. The case was then sent back to the regulator for their opportunity to respond.

Organigram temporarily ceased selling Jolts for several months in 2023 but began selling them again in October following the approval of the application for review by a judge.

Following that announcement from Organigram in November, Health Canada said it was in the “redetermination process” regarding its initial ruling on Edison Jolts.

Health Canada has always maintained that it considers that any product intended to be consumed in the same manner as food is not an extract.

The agency sent out a memo to licence holders in December 2023, again reiterating this point, noting that the “classification of a cannabis product does not mean that the product is compliant with all regulations pertaining to that class of cannabis. Licence holders are responsible for making sure their cannabis products meet all the applicable requirements of the Cannabis Act and Cannabis Regulations.”

This new announcement from Organigram is the most recent evolution of the ongoing issue. The company says it has stopped the production of Jolts in their current format and is currently working with Health Canada on timing to sell through remaining inventory to the provincial distributors.

“We are disappointed with the outcome of Health Canada’s further review of our Jolts product,” said Beena Goldenberg, CEO of Organigram. “Our patented Jolts lozenge was launched over two years ago following significant research and development and was specifically designed to appeal to consumers looking to access regulated and tested ingestible products from the legal market that met their needs for potency and price.

“We are currently assessing our options to continue to meet the needs of consumers while retaining them within the legal market.”

Organigram reported $2.9 million in sales of their Edison Jolts lozenges in their most recent quarterly report for Q1 2024.