This limitation of retail outlets is particularly troubling to cultivation and production facilities, who continue to expand their operations but are finding that there aren’t enough stores to sell their inventory. Canopy Growth and Aurora Cannabis, two of Canada’s biggest cannabis companies, reported unexpectedly large losses in the latest quarter, citing this very reason.
This has led to some confusion and ambiguity regarding the legality of CBD in Canada. While medical CBD has been available Canadian citizens since 2001, patients were previously required to obtain approval from Health Canada (akin to the FDA in America) and a prescription to be able to purchase CBD products legally. When C-45 hit the one-year mark, it effectively permitted the marketing and sale of both recreational CBD and THC edibles and extracts, but many of these products are not expected to be widely available in the country until mid-December.
These regulations, although undeniably necessary for a controlled substance, are not without inconvenience to many producers. The Cannabis Act leaves many stipulations up to the individual provinces of Canada, so regulations differ across localities. This has led to a surge in retail outlets in certain provinces (i.e. Alberta) while other areas, such as Ontario and Quebec, struggle to provide enough retail stores to meet demand.
Is CBD Oil Legal in Canada?
Last year, Canada made history when it became the 2 nd country in the world to legalize recreational cannabis by passing the Cannabis Act on June 19. The bill, officially dubbed C-45, went into effect on October 17, 2018. Although the exact provisions vary depending on province and territory, in general, the act allows Canadian citizens 18 or older to possess up to 30 grams of dried or undried flower and grow up to four plants per household.
The legalization of cannabis in Canada has not been without rigorous oversight. The Cannabis Act establishes strict regulations in the sale, possession, production, and distribution of cannabis. This includes a series of required licenses and permits for every establishment looking to market, grow or sell cannabis. It also limits the promotion of cannabis and cannabis-related products, particularly when it comes to marketing towards youth.
It should be noted that many establishments, from health stores to dispensaries, are providing illicit CBD products in Canada. The government stresses that these products are illegal and unregulated, and purchased by consumers at their own risk.
Although it establishes cannabis as a legal substance, the Cannabis Act is not without a few caveats. Up until October 17, 2019 (one year after C-45 went into effect), the only permitted legal cannabis products in Canada were dried or fresh flowers, seeds, and oils – not extracts, topicals or edibles. Because full spectrum CBD oil requires an extraction method via a solvent (such as CO2), it is technically considered an extract and not an oil.
It’s illegal to transport any cannabis products across the US-Canada border. This is true even in cases where the border-state considers CBD completely legal. Even though you’re traveling from Canada to a legal-US state, the border is the domain of the federal government — where Cannabis is considered a Schedule I drug.
Under the Cannabis Act, both marijuana and industrial hemp are completely legal in Canada. However, only cannabis licensed processors and retailers can extract, produce, and sell CBD.
Historians believe that one of the main reasons for cannabis prohibition was a paragraph from the book, The Black Candle. The author, Emily Murphy — the first female magistrate in Canada — described cannabis as an initiator of homicidal tendencies in users.
Canadian Law: What is The Cannabis Act?
In 2003 and 2004, two bills on the decriminalization of recreational marijuana failed. In 2006, penalties increased, and the maximum sentence on cannabis production doubled from 7 to 14 years.
Without this license, the hemp grower can still cultivate the plant for CBD-containing parts but only sell them to a licensed cannabis processor.
Delta 8 THC actually has a different high than the standard delta 9 isomer. It’s much more chilled-out and relaxing. People who find regular THC products too “anxiety-inducing” will likely prefer the effects of delta 8.
Following its rules, you must be at least 19 (18 in Alberta and Quebec) years of age to purchase cannabis products, and you’re limited to 30 grams of dried cannabis in public at a time.
This licence could be:
When importing or exporting industrial hemp seeds or grain, you may also need to obtain an import or export permit from the other country, depending on their rules.
Producing and selling CBD
CBD is a controlled substance under United Nations drug control conventions. Consistent with the controlled status of CBD internationally, CBD is a controlled substance in Canada and other jurisdictions.
These same restrictions also apply to cosmetics, which may only contain hemp derivatives.
Hemp producers may not extract the CBD themselves, unless they also have a cannabis processing or research licence.