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Is CBD Oil Legal in Canada?

September 01, 2022 5 min read

Is CBD Oil Legal in Canada?

Is CBD Oil Legal in Canada?

CBD's status is increasing both in Canada and numerous states worldwide. This article talks about the status of CBD in Canada and its legalization. Read on to find out more about the legalization of CBD in Canada.

CBD is one of the active chemical compounds found in cannabis. Cannabis is a plant with more than 100 chemical compounds. CBD derived from plants is called Phyto cannabinoids, while CBD derived from animals is called endocannabinoids. Cannabis is the main producer of CBD, as other plants have traces of it. Unlike THC, CBD is not intoxicating, and sometimes it may counter the psychoactive effects of THC. Although CBD doesn't have an intoxicating or psychoactive effect, it interacts with the body through the endocannabinoid system for therapeutic benefits. All CBD and related products in Canada are regulated under the cannabis act enforced in 2018 when CBD was legalized.

Is CBD Legal in Canada?

Mead. (2017) explained that under the cannabis act, CBD and all other cannabis products are legal in Canada. However, there are strict regulations followed on who is to process, retail produces, extract or sell. Suppose one life in Canada and need CBD for consumption; it's easy because many retailers with permits are allowed to sell. The challenge regarding CBD in Canada lies in the producing companies and the companies that distribute it. Although cannabis is legal in Canada, its distribution regulations are strict. It's not easy to become a CBD seller in Canada. All the stages from storage, labeling, pricing, and advertising of CBD products are strictly controlled by the Government of Canada. Anyone interested in venturing into any business related to CBD must complete a tough application process that can take a couple of months. Moreover, the process costs a lot of cash; hence when one is not determined, they can give up. Therefore, not everyone in Canada can sell or produce CBD unless the procedure is completed and people see it as complicated. Archie & Cucullo (2019) explained that other than CBD, THC – another Phyto cannabinoid – is legal in Canada. All naturally occurring organic chemicals from cannabis are legal in Canada. The most active compound in cannabis, THC, has an isomer called delta 9. THC is also legal in Canada. Therefore, CBD is not the only Phyto cannabinoid legal in Canada.

The Canadian Law – Cannabis Act

In 2025 when Canada's prime minister, Justin Trudeau, was campaigning, one of his promises was to legalize marijuana for recreational purposes. Later in 2018, the Canadian Cannabis Act was enforced and became effective. The act amended the controlled substance act, criminal code, and controlled drugs. Johnson (2019) explained that before the cannabis act was enforced in Canada, CBD and THC were strictly regulated under the controlled drugs and substance act and were illegal. It was only authorized for special medicinal purposes and scientific studies. The cannabis act legalizes all cannabis products, i.e., marijuana and hemp but under strict regulations. According to the regulations in the cannabis act of Canada, one must at least be 19 years old to buy any cannabis products. Moreover, an individual is not allowed to carry more than thirty grams of dried cannabis in public; otherwise, it's a crime, and they will be apprehended or found.

Thirty grams of dried cannabis at a time is a generous amount. This amount is enough for consumers to use for their daily purposes. Unfortunately, it's not enough to sell on the black market. The government of Canada employed harsh penalties for users who don't buy or use CBD under these regulations.

Can You Transport CBD From Canada to the United States?

It's illegal to carry any product along Canada and united states of America border. That means one can't carry any CBD product from Canada regardless of its regulation. It is also similar even if the border-state regulation considers CBD legal. Although both Canada and United States legalized CBD, the border between these states is the domain governed by the federal government, and they find legalized crossing borders with CBD products.

Regulation of CBD Products Under the Cannabis Act in Canada

Hemp is strictly regulated under cannabis in Canada. The regulation lies under the industrial hemp regulations program. This regulation defines hemp as a variety of cannabis plants and parts of the plants with less than 0.03 percent THC. Under this act, interested farmers can cultivate hemp under strict regulation to ensure the level of THC is less than 0.03 percent. These farmers can then produce industrial hemp used for various purposes. LeCloux (2019) explained that one must apply for a federal license if one wants to farm, process, and sell hemp in Canada. The industrial hemp regulation allows the processing and selling industrial hemp products such as hemp seeds, hemp flour, and hemp seed oil. The regulation does not include products obtained from leaves and flowers of hemp. Therefore, cultivators interested in extracting all the hemp products such as CBD and other Phyto-cannabinoids must have a cannabis processing license. The license permits the cultivator to cultivate hemp for processing CBD and other products of the same caliber. The government of Canada allows farmers to cultivate hemp for CBD and other Phyto-cannabinoids. Still, it can only be sold to licensed cannabis processors.

Importing and Exporting CBD Between Canada and Other States

Transporting CBD or cannabis products from one state to another is regulated by the Three United Nations Drug Conventions. One of the conventions includes the single convention on narcotic drugs of 1961, amended by the 1972 cannabis protocol. Under this convention, CBD is a controlled substance and can only be imported and exported under specific conditions. Exporting and importing CBD are done under the following conditions.

  • One must have a license issued by cannabis regulations
  • One must hold an import and export permit issued by health Canada.
  • If there is a legit and special medicinal or scientific purpose under international agreements.

Conclusion

Canada is a state where all cannabis enthusiasts dream of being. The state's regulation of cannabis is friendly to the consumer. A person can buy it locally or online. Although CBD is legal in Canada, it is treated like other drugs like alcohol and regulated under strict conditions to reduce abuse. The sellers and producers must have permits granted under strict conditions. Selling or producing CBD in Canada is not easy. A person needs a lot of cash through the processing of legal hoops.

Moreover, the process can take several months. Therefore, most CBD products sold in Canada are out of the state. It helps avoid the high cost of legal procedures for producing CBD and related products. You will likely find CBD products from the European Union and America sold in Canada.

References

Archie, S. R., & Cucullo, L. (2019). Harmful effects of smoking cannabis: a cerebrovascular and neurological perspective. Frontiers in pharmacology, 10, 1481.

Johnson, R. (2019). Defining hemp: a fact sheet. Congressional Research Service, 44742.

LeCloux, R. (2019). Regulating Wisconsin's Hemp Industry (p. 19). Madison, WI: Wisconsin Legislative Reference Bureau.

Mead, A. (2017). The legal status of cannabis (marijuana) and cannabidiol (CBD) under US law. Epilepsy & Behavior, 70, 288-291.