Canada is one of those countries that fall foul of many myths when it comes to CBD legality. The legalisation of cannabis in the country in October 2018 only blurred the lines further. So allow us to attempt to give a definitive answer to a simple question. Is CBD legal in Canada?
Unfortunately, as much as we’d like to give a straight answer here, the best we can do is yes… kinda.
Allow us to elaborate, and try and shed some light on CBD legality in Canada.
Did Cannabis Legalisation Affect CBD?
On October 17th, 2018, Canada legalised marijuana and this led many to believe that this meant CBD was instantly 100% legal. To be fair, this belief was present long before the law change too.
Many were under the impression that the fact that CBD does not induce a high, like THC does, and the fact that CBD products were already commonly used in Canada, that the products were legal and that was all there is to it, but the truth is far more complex.
In fact, the legalisation of cannabis in Canada did not affect the laws around CBD at all. CBD was already legal in Canada to a certain extent, but in the same way cannabis now is, it is subject to numerous regulations and guidelines.
Who can Make and Sell CBD in Canada?
The making and selling of CBD in Canada are under strict regulation. It can only be produced by those licensed to do so, and similarly; registered sellers are the only retailers allowed to offer it.
Trina Fraser, a lawyer specialising in cannabis law at Canadian law firm Brazeau Seller LLP, said in an interview:
“CBD compound is typically extracted from the leaves and flowering buds of marijuana or hemp plants – both technically classified as cannabis by biologists. The hemp oil commonly found in grocery stores is pressed legally from the plant’s seeds, which contain negligible amounts of CBD.
“However, producers of beverages and natural health products that contain even small amounts of CBD derive the compound from other parts of the plant, which is illegal outside of Health Canada’s medical and recreational marijuana system”
This is one of the many issues that CBD law has in Canada, that if producers do not follow the exact guidelines set out in law, that they may not be in keeping with the laws of the country.
Regulation for Safety
Some consider these regulations to be unnecessary, but they are said to be set out to ensure the safety of the public.
When CBD products are not regulated, it is impossible for consumers to know what exactly it is that they are buying.
Regulation is limited in other countries, and this has led to issues, with CBD products being sold that either did not contain the stated amount of CBD, or in some cases did not contain CBD at all, and instead replaced it with unnamed products that can cause risks to users.
So, although the regulations around CBD products in Canada may seem strict (and are), they are there for a reason, and that reason is the protection of the consumer.
How Can I Make Sure My CBD is Legal?
If you want to purchase CBD products in Canada, the way to do so is simple, you just have to ensure you are buying them from the right places.
As long as you are purchasing your CBD products from a registered retailer, who sells products made by licensed producers, everything will be legal and above board, and as an added bonus, your safety should also be ensured, because there should not be any risk of the product containing anything you don’t know about.
It is important to note that CBD legalisation in Canada covers both recreational and medicinal use. CBD can also be made available on prescription, in these cases, CBD with a THC content of 0.3% or above are legal.
However, without a prescription, the THC content of CBD products cannot be above 0.3%, which is okay, as the point of CBD is not to make you high.
Plus, to be fair, if you want to get high in Canada, there are legal ways to do that after the 2018 law change too!
So there you have it, there are some complexities, but essentially, as long as you are buying your CBD products from a trusted and registered retailer, then the products will be made legally, and you are 100% legally allowed to use them as much, or as little as you’d like!
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