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Realizing CBD’s potential as medicine and the growing farmer interest in cannabis and hemp. The United States enacted “the hemp production and the 2018 farm bill/Agriculture improvement act.” Canada’s cannabis act introduced a cannabis tracking system, regulations, and industrial hemp regulations.

What is vital to remember is that both countries allow the consumption of CBD products, but with regulations. If you intend to use CBD in the US or Canada, below are the legalities you should be aware of.

US quick take: is CBD legal in the US?

  • Federal law prohibits the distribution of marijuana, but it is lawful to travel with hemp oil across state lines.
  • Hemp oil refers to hemp extracts or cannabis extracts that contain less than 0.3% THC. 
  • You may travel with CBD products that contain less than 0.3% THC across state lines. 

Canada Quick take: is CBD legal in Canada?

  • Possession of high THC marijuana and CBD is legal in Canada, and residents may grow up to 4 marijuana plants in their homes.
  • The legal age for using marijuana and its extracts in Canada is 18.
  • Traveling with cannabis products across international borders may lead to criminal prosecution. 
  • It is unlawful to import or export cannabis products in Canada. 

Is CBD legal federally in the US?

America’s Agriculture Improvement Act of 2012, a federal statute, allows the growing and promotion of medical marijuana. The act defines medical marijuana or hemp as cannabis products that contain less than 0.3% THC. 

Consequently, if a product contains more than 0.3%, regulators consider it to be marijuana, a schedule 1 drug in all states, excluding 19 states that have legalized the recreational and medical use of cannabis. 

States that have legalized marijuana are:

Nevada, New York, Connecticut, New Jersey, Illinois, Maine, Massachusetts, Alaska, Arizona, Oregon, Vermont, Virginia, Washington, Colorado, California, and Montana. 

There are local regulations to consider, consequently, if you intend to start a CBD business in said state, you should check local laws or consult with an attorney. 

Why was cannabis a schedule 1 substance in the US?

America’s outdated Controlled Substance Act of 1970 classified cannabis as a schedule 1 drug because authorities believed that, quote “cannabis -has no accepted medical use and a high potential for abuse.” Because of that, research into cannabis’s medical uses and benefits is limited. Before legalization in some states, researchers needed special permission to test cannabis and its constituents, including cannabinoids. 

Is there a federal ban on cannabis in the US today?

S.4591 “The Cannabis Administration and Opportunity,” if passed in 2022, will remove cannabis from its classification as a schedule 1 substance. If that happens, the consequences will be:

  • There will be an end to the federal ban on cannabis. 
  • Cannabis businesses that comply with state and federal laws may have access to services, including credit card transactions, loans, and bank accounts. 
  • The bill also proposes a reduction in the penalties associated with possession or distribution of large amounts of weed. 
What is the MORE act?

Passed in 2020, the MORE (Marijuana Opportunities and expungement Act) introduced the following:

  • The act prohibits the denial of benefits and protections imposed by immigration laws because of a marijuana conviction.
  • Persons convicted of marijuana-related offenses can now apply for expungement.
  • The act classifies cannabis businesses as service providers or legitimate businesses. 
  •  Imposes taxes on cannabis businesses.
  • Replaces statutory references to marijuana with cannabis.

Is it legal to cross state lines with CBD in the US?

2018’S Farm declassified cannabis as a schedule 1 drug. Consequently, it is now legal to cross state lines with CBD. However, state laws vary, and marijuana remains illegal in some states. If you intend to travel across state lines, it is, therefore, advisable to only carry hemp.

Remember, federal and state laws classify hemp as products that contain less than 0.3% THC. Anything above that may get you in trouble for transporting marijuana.

What to remember:

  • The TSA/Transport Security Administration allows the transportation of cannabis products on the condition that the item contains less than 0.3% THC/hemp.
  • You must submit any products that exceed 3.4 oz as checked luggage.
  • You do not have to declare CBD or hemp products at the airport if you are traveling locally.

We recommend checking local CBD laws before travel. 

Can you travel with CBD internationally?

It is advisable not to cross international borders with prohibited substances. So far, only ten countries, including the US and Canada have legalized cannabis. But that may not mean that they allow importation.

We recommend buying and using the product in the country you are traveling to.

You may also consult with your embassy before deciding. 

Countries that have legalized marijuana include the Netherlands, South Africa, Lesotho, Colombia, Rwanda, Morocco, and Uruguay. 

Who regulates CBD in the US?

The FDA (Food and Drug Administration), regulates and monitors CBD products in the US. The body classifies CBD products as a supplement with one exception. Epidiolex is a synthetic version of CBD that the FDA has approved as a medicine for epilepsy. 

Is CBD a Controlled Substance in Canada?

Under the Canadian Cannabis Act, CBD is a controlled substance. Because of that, all marijuana extracts are illegal in the country unless the possession or distribution is compliant with the act. The act permits the sale, importation, and production of CBD for medical or scientific use. 

Is weed illegal under federal law in Canada?

No. Canada’s federal laws legalized the use of cannabis and its extracts in 2018. Under federal statutes, you may:

  • Possess up to 30 grams of legally acquired/produced cannabis. 
  • You have the right to grow up to 4 cannabis plants in your home.
  • You must be at least 18 to use cannabis recreationally. 
  • The government regulates mass production, meaning you need a license to grow. 

What cannabis license holders in Canada should know:

  • Holders of federal grower’s license must report the number of cannabis products in their inventory and unpacked cannabis before the 15th of each month.
  • It is lawful to possess and sell cannabis products if you have a license. We recommend checking provincial regulations. 

Is it illegal to travel with cannabis/CBD in Canada?

If you are an adult, Canadian federal and provincial laws allow you to possess and travel with weed and its extracts. However, it is unlawful to transport cannabis and its extracts outside the country. The law applies to small amounts of cannabis. 

It is also unlawful to travel with medical marijuana across international borders in Canada.

In short, it is unlawful to import or export cannabis into and out of Canada. 

What to remember:

  • The Canadian Border Service agency requires all persons to declare CBD or other Cannabis products before entering or leaving Canada. 
  • Some countries may deny entry if you are found in possession of marijuana or its extracts. 
  • Entering the US with cannabis may constitute a federal offense.

Is CBD legal in sports?

Yes and no, because it depends on the country and the organization responsible for the competition. Internationally, WADA/World Anti-Doping Agency says that athletes may use CBD in and outside competition.

However, traveling to a foreign country, including Russia, while in possession of a regulated substance such as cannabis extracts can lead to criminal prosecution. Also, the sporting event may have restrictions on permitted substances. We recommend checking local laws and event requirements before travel.

What athletes should remember:

  • You may test positive for THC if you consume an impure product.
  • THC remains a prohibited substance, according to WADA. 
  • It takes about a week or two for CBD to clear your system. THC may last for thirty days or longer, depending on how much of it you consume. 
  • Hemp products may also contain trace amounts of THC.

Is CBD legal in the USA and Canada?

Yes, CBD is legal in Canada and the US. But there are restrictions, laws, and regulations users should be aware of. What you need to remember is:

  • Do not transport marijuana and its extracts across international borders.
  • Possession of Cannabis products, including CBD, may constitute a criminal offense in many countries.
  • THC will remain in your system longer than CBD. 
  • Federal, state, and provincial cannabis laws regularly change, making it advisable to keep up with updated compliance requirements.