MONCTON – Just three days since recreational cannabis became legal in Canada, Health Canada has found some of Cannabis NB‘s promotional materials to be against the law.

“Health Canada officials have been in touch with New Brunswick officials. They have advised them that some of their promotional material is not in compliance with those rules,” said Thierry Belair, the press secretary of Health Minister Ginette Petitpas Taylor, in an email to Huddle.

Belair didn’t specify which of the promotional materials were in violation but noted what kinds of materials are not allowed.

“The law clearly prohibits promotions that associate cannabis with a particular way of life such as glamour, recreation, excitement or vitality.‎ It also prohibits promotions for cannabis that use a picture or image of any person, whether real or fictional,” he said.

Cannabis NB’s promotional materials online have raised eyebrows because of its cheerful tone. Both on its website and in its stores, the crown corporation that handles cannabis sales for the province also has depictions of young people taking a selfie, a woman doing yoga, and a man writing.

Cannabis NB divides its products to fit three occasions: discover, connect and refresh. For the connect occasion, Cannabis NB’s website says, “although many consume cannabis alone, more and more are getting together with friends for different occasions.”

Belair said Health Canada expects participants to comply with the law.

“We expect all participants in this new market to follow the law and Health Canada will continue to monitor the market and enforce the rules on a case by case basis.”

The federal government said it understands that provinces, territories and others in the marijuana industry will likely have to make adjustments to fully comply with the Cannabis Act. That includes images in websites, names, or descriptions of some strains of cannabis.

But Health Canada will continue to enforce the law and work with counterparts to ensure the Cannabis Act is clear for all.

Mark Barbour, the Manager of Communications and Public Relations for NB Liquor and Cannabis NB, said in an e-mail to Huddle that the crown corporation had spoken with Health Canada after the launch.

“The officials from Health Canada did not offer explicit direction as to what changes should be made but rather offered their broad perspective on the website. It was a cordial and productive conversation, and we expressed our willingness to makes changes to the website to meet the spirit of the legislation,” he said.

“Based on this conversation and guidance, we will be looking at our website over the next few days, and will make a few adjustments to align the content with the intent of the legislation.”

Barbour said the website development began “well in advance of the tabling of the regulatory regime released by the federal government,” and that Cannabis NB has been in touch with Health Canada throughout the project.

Cannabis NB also sought and received legal guidance on the interpretation of the Cannabis Act for its website content.

“As is the case in many instances, legislation is subject to interpretation, which can vary,” he said.

Banner image: Cannabis NB website.