Health Canada breached its duty of procedural fairness when it decided that licensed producer Organigram Holdings’ lozenges should be classified as “edible” cannabis rather than extracts, a federal justice said in granting the company’s application for judicial review.
Justice Cecily Strickland kicked the decision back to Canada’s health department to review its initial decision and make a new determination involving the lozenges, known as Jolts.
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Millions of dollars could be at stake in the outcome of the legal dispute, given that cannabis extracts are potentially a much more lucrative product than edibles under Health Canada’s classification system for ingestibles.
In an interview with MJBizDaily, Organigram CEO Beena Goldenberg said the decision is a “win” for the company, even though Health Canada might ultimately return the same decision.
“Our decision to seek a judicial review was unprecedented in the cannabis industry,” she said.
Still, the federal court
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