When Canada changed its cannabis laws in 2018, songs of praise from advocates and a flurry of complaints from critics swept the news. For better or for worse, marijuana was now legal in Canada.
However, the new cannabis industry in Canada is far from the free-for-all, sometimes depicted in the media. Canada’s new federal laws are quite complex and dependent upon the mandates of each province or territory.
CBD and other phytocannabinoids (cannabinoids derived from cannabis plants) are regulated under the Cannabis Act (C-45), which came into effect on October 17, 2018. Canadian cannabis laws follow the conventions set forth by the United Nations. Since the U.N. places CBD in the controlled substance category, Canada classifies the cannabinoid in the same manner.
Before the Cannabis Act was passed, CBD was regulated under the Controlled Drugs and Substances Act, which prohibited the production, sale, and distribution of CBD without government authorization. The Canadian government reserved approval for strict medical or scientific research.
While the Cannabis Act made phytocannabinoids like CBD more accessible to the general Canadian population, where you can even buy CBD oil online in Canada, the law set up a strict and complicated regulatory system for its production and distribution.
Federal law allows Canadians to grow up to four cannabis plants at home for personal use. Anyone wishing to sell their harvest must apply for a federal license. The Canadian government grants two separate licenses for growing cannabis for profit:
Canadian law prohibits hemp farmers from extracting CBD without a separate cannabis processing or research license. Buying black-market CBD extractions can be dangerous and remains illegal in Canada.
CBD is one of the many phytocannabinoids listed on Canada’s Prescription Drug List. Manufacturers making health claims about CBD are subject to approval under the country’s Food and Drug Regulations.
Natural and veterinary health products may not contain CBD. These products may only include non-viable seeds and hemp-seed extracts that comply with the Industrial Hemp Regulations. Cosmetics may only contain derivatives from approved hemp plants.
The United Nation’s Single Convention on Narcotic Drugs controls how CBD is exported or imported by member countries, including Canada. In accordance with the United Nations’ regulations, Canada only allows the importation and exportation of CBD under certain conditions, including:
Hemp farmers can import seeds by obtaining a license and permit from Health Canada. Since the seeds do not contain cannabinoids, they are not regulated by the Cannabis Regulations portion of the Cannabis Act.
Canada initially prohibited the sale of edible CBD products until the New Classes of Cannabis Regulations took effect in 2019. The new regulations include such provisions as:
As mentioned earlier, Canada’s CBD and cannabis laws vary according to the regulations stipulated by each province or territory. Most provinces follow the federal legal limit for possession of 30 grams of dried CBD flowers or the equivalent. However, the provinces differ dramatically with respect to their purchase and consumption laws. Let’s take a look at some of Canada’s provincial cannabis regulations.
British Columbia punishes driving under the influence of cannabinoids by the same laws that govern alcohol DUI’s.
While most provinces allow the federal cultivation limit of four plants for personal use, Manitoba completely prohibits home-cultivation of cannabis.
Although New Brunswick allows home-cultivation, additional restrictions apply.
Although Nunavut permits home-cultivation of four cannabis plants, the province allows landlords to prohibit tenants from growing plants. Driving under the influence of cannabis carries penalties, such as fines and suspension of driving privileges.
Quebec allows possession of up to 150 grams of dried flower or the equivalent in private residences. Public possession is restricted to the federal limit of 30 grams.
The province of Saskatchewan differs from other areas by using a private distribution system instead of government-run dispensaries. However, private distributors must obtain a license.
Hopefully, we’ve answered some of your questions regarding the legality of CBD in Canada. If you’re still wondering about CBD legality in your province, contact us for more info, or check out our CBD products for sale. Our customer service representatives will help you pick out a suitable CBD product and make sure you’re in compliance with federal and provincial laws.
What are you looking for?
Let's Celebrate Moms! Use code: MDAY30 for 30% OFF! Dismiss
