Is CBD Oil Legal in Canada?

Enny SoyinkaEnny Soyinka
Updated on 09/05/2024

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In 2018, Canada became one of the first countries to legalize cannabis use across the whole country. This law may sound like a reason to cheer for CBD enthusiasts. However, several legal restrictions make it difficult to buy CBD oil in Canada.  


CBD Laws in Canada in 2025

CBD oil is a product of the hemp or the cannabis plant, and under Canadian law, it falls under the same category as the more psychoactive cousin, marijuana. Even though CBD oil has little to no trace of the hallucinogenic compound THC, it is still a cannabis product and thus falls under the same laws. 

The most crucial piece of legislation surrounding CBD oil is the newly minted Cannabis law. Effect since 2018, according to this law, CBD oil has been completely legal in Canada. Unlike in the US, where there are certain restrictions against its use, CBD oil is 100% legal in the country, and you can even buy it without a doctor's prescription. 

However, the CBD oil seller must have acquired proper authentication from the government to sell this product. The Canadian government's health department explicitly states that  

CBD and products containing CBD, such as cannabis oil, may only be sold by a: 

  • provincially or territorially-authorized cannabis retailer 
  • federally-licensed seller of cannabis for medical purposes.” 

Moreover, a processing license from the government is necessary to sell any CBD product in Canada. 

CBD Oil Regulations in Canada 

Despite legalizing cannabis use in 2018, the Canadian CBD market still has many strict rules. Some of these regulations include: 

  • It is illegal to sell CBD oil by making health claims about it. Manufacturers are not allowed to market CBD oil as a substance with medical benefits. 
  • You must be at least 18 years old to legally buy cannabis in Canada. 
  • If you have more than 30 mg of cannabis on your person, you could face a jail time of 5 years. 
  • Importing CBD oil from foreign countries requires special permits and licenses from the government.  

What is the Cannabis Act in Canada? 

The Cannabis Act is a law passed by the Canadian government in June 2018. The main clause of this act was to make the recreational use of cannabis legal for the entire country. Canada was only the second nation after Uruguay to make recreational cannabis legal for the whole state. 

According to the Cannabis Act, adults above 18 years of age in the state of Canada are legally allowed to use cannabis. This legality extends to cover possessions of up to 30 mg of cannabis. Adults can also add substances to food and drinks to make cannabis-infused items. 

Bill C-45, as the Cannabis Act is formally known, however, has certain restrictions regarding the retail sale of cannabis. For example, brands cannot use celebrity endorsements nor use modes of advertisements that younger kids can access. The packaging of the products they sell also must be informative rather than attractive.  

A major cause for such rules is to avoid the possibility of making cannabis seem appealing to the younger generation. However, the federal government leaves much of the responsibility of fixing retail sales rules to each Canadian state. They have the freedom to adjust their legislation on the trade, production, and distribution of cannabis.  

Even the minimum legal age varies from state to state, being 18 for Alberta, 19 for states like Ontario and BC, and 21 for Quebec. It is best to be aware of the legalities of the place regarding cannabis use before buying your product. 

Traveling and Driving with CBD Oil in Canada 

It is federally legal to carry up to 30 mg of dried cannabis or its equivalent in Canada. However, as to its usage in public, the law on that is different in each territory. For example, in the Northwest Territories, you can use cannabis in public areas without legal blunders, but you can't do the same in Nova Scotia.  

The same sort of varying legalities extends to the transport of CBD oil in Canada because CBD falls under the rubric of cannabis for legal reasons. It must operate under all the restrictions set on the substance by the Cannabis Act. 

Each Canadian state interprets this law and imposes certain regulations on the transport of cannabis and, by extension, CBD oil. So, what is legal in one state may not be allowed in another. For most states, the following two measures are mandatory when transporting this substance; 

  • The CBD must be properly sealed and secured in an area of the vehicle that is not easily accessible. 
  • The package contents must not be readily available to the driver or occupants of the vehicle because driving under the influence of cannabis is still illegal in Canada. 

Though no such restrictions exist for Quebec and New Brunswick, it is always better to be aware of the local laws when carrying larger amounts of CBD. 

Final Thoughts 

While not illegal, buying CBD oil in Canada can be tricky. The difficulty in getting government licenses may deter many cannabis start-ups. As a result, the CBD oils you may find on the market may not always be up to your preference.  

But with a little effort, you will find oil for your symptoms. If not, buying CBD oil from reliable US sites is also not bad. 

Sources:  

https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/about/cannabidiol.html  

https://www.sciencedirect.com/science/article/pii/S1059131120301084  

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5053383/  

https://www.cbc.ca/news/canada/marijuana-faq-legalization-need-to-know-1.4862207 

See also: Articles, Canada, CBD, Laws, Oils

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Enny Soyinka

Enny Soyinka

PharmacologistExpertise : Research on cannabinoids, Brand Reviewer

Enny Soyinka stands at the forefront of hemp research, blending a deep-rooted passion for holistic health with a robust scientific background. As an accomplished pharmacologist, Enny's extensive research into hemp has made them a pivotal figure in demystifying its health benefits. Their expertise shines a light on the nuanced relationship between cannabinoids and wellness, offering well-informed insights in the dynamic world of cannabinoids.

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