Is Delta 8 THC Legal in Canada?

May 11, 2021
Delta 8 THC, Canada, Legal, Province, Territory
Delta 8 THC, Canada, Legal, Province, Territory

Canada has some of the most relaxed laws about cannabis, but the cannabis market is always evolving, which can leave many residents unsure as to whether or not the latest product on the market is actually legal.  Delta 8 THC is a minor cannabinoid derived from the hemp plant, known for its mild psychoactive properties.  If you’re a Canadian resident wondering whether or not you can legally acquire delta 8 products, or you’re someone who plants to travel to Canada soon and wants to use your favorite cannabinoid in a way that won’t lead to legal trouble, this guide is for you.

Is Delta 8 THC Legal Under Canadian Federal Law?

Delta 8 THC is undoubtedly legal under Canadian federal law.  Cannabis was legalized in 2018, which includes both hemp and marijuana.  What this means is that all cannabis derivatives are legal, including those that are psychoactive.  Delta 8, being a cannabis derivative, is therefore protected by laws of the country.

 

Canada’s cannabis laws are interesting in that the country has thorough regulations when it comes to all cannabis products that can be sold and purchased.  When cannabis was legalized, the country set up a system in which companies producing cannabis must apply to the state in order to sell their products legally.  This application process requires that a company’s products are tested for quality, safety, legitimacy and purity, which creates a market in which hemp products all have the same generally high standards.

 

As a result, the delta 8 market in Canada is self-contained, meaning that other countries’ products really do not make their way onto the market in Canada.  For an American company to sell delta 8 in Canada, for example, they would have to submit an application to the Canadian government, which is costly and time-consuming.  No wonder why then, they pretty much don’t bother.

Delta 8 THC Laws by Province/Territory

Delta 8 THC is legal in Canada, falling under the umbrella of general cannabis laws throughout the country.  But, within each province and territory are more specific laws pertaining to how delta 8, and all cannabis for that matter, can be purchased, sold, and even grown.

British Columbia

The law in British Columbia, such as in major cities like Vancouver and Victoria, require that you be at least 19 years of age to purchase delta 8 THC products.  It is legal for an individual to grow hemp and make their own delta 8 products.  There is a possession limit of 1,000 grams, and delta-8 products can only be smoked or vaped where tobacco use is legal.  The online delta8 marketplace is regulated by the government.

Alberta

Laws in Alberta, which apply to major cities such as Calgary, Edmonton, as well as all other regions, require that you must be 18 or older to purchase or use delta 8 THC.  It is legal to grow hemp for personal delta 8 use throughout the province, and there is no delta-8 possession limit.  The government manages online sales of delta8, and it can be smoked or vaped anywhere in smoking tobacco is permitted.

Saskatchewan

To legally buy delta 8 THC in in this province, you must be at least 19 years of age.  The region does not have a possession limit, but smoking or vaping delta 8 in public is not permitted.  Growing your own hemp, however, is legal.  Private companies regulate and manage delta-8 sales.

Manitoba

You must be at least 19 years old to purchase delta 8 in Manitoba, no matter if you live in Brandon or Winnipeg.  Growing hemp for its delta 8 THC content can only be done legally if you have a medical license.  It is illegal to smoke or vaporize delta 8 in a public space.  Private companies regulate online sales rather than the government.

Ontario

In Toronto, Ottawa, and everywhere else in Ontario, delta 8 THC can be bought by those at least 19 years of age.  This province has no limit on possession and growing your own is completely allowed.  As long as tobacco use is permitted, you can smoke or vape your delta 8 products, except for when you’re in a vehicle.  Online sales are regulated by the government.

Quebec

In Quebec, you must be 21 or older to buy delta 8 THC.  This is the highest age limit in Canada, which means that booming cities like Quebec City and Montreal observe the strictest cannabis laws of all.  There is also a possession limit of 150 grams and growing your own is strictly forbidden.  You cannot vape or smoke delta 8 in public, and the online sales of delta-8 are managed by the government.

Newfoundland and Labrador

It is legal to purchase delta 8 THC, such as in St. John’s, as long as you are 19 years of age or older.  Growing hemp for its delta 8 content is legal in Newfoundland and Labrador, and there is no possession limit when it comes to delta 8 products.  Public smoking or vaping of delta 8 is forbidden, and the online delta 8 marketplace is regulated by the government.

New Brunswick

Delta 8 THC can be sold to individuals who are at least 19 years of age.  Growing hemp for its delta 8 content is fully legal in New Brunswick, and there are no delta 8 possession limits.  Vaping or smoking delta 8 products is not permitted in public, and the government regulates online sales of delta 8 THC.

Nova Scotia

To purchase delta 8 THC in Nova Scotia, you must be at least 19 years of age.  There is no possession limit when it comes to delta 8, and delta-8 products can be smoked or vaped anywhere in which it is legal to smoke tobacco.  Growing your own hemp is legal there, even if you live in Halifax.  Plus, the government regulates its online sales.

Prince Edward Island

You must be 19 or older to buy delta 8 THC in Prince Edward Island, and there is no law that limits possession of delta 8 products.  Residents can grow hemp in order to make their own delta 8 THC.  It is forbidden to smoke or vaporize delta 8 products in public spaces.  The government regulates online sales of delta 8 THC.

Yukon

In Yukon, you can buy delta 8 THC legally as long as you are at least 19 years old.  The territory has no possession limits, and growing your own hemp is permitted.  Smoking or vaping hemp in public is illegal, and the online delta 8 market is managed by the government rather than private companies.

Northwest Territories

You must be 19 years old or above to legally purchase delta 8 THC.  There is no delta 8 possession limit in this region and growing your own hemp for its delta-8 content is completely legal.  Can be smoked or vaped anywhere in which tobacco use is permitted, and the online marketplace is regulated by the government.

Nunavut

You must be at least 19 years old to purchase delta 8 THC in Nunavut, and there is a possession limit of 150 grams.  Growing your own is fully legal in this territory, and you can vape or smoke delta 8 anywhere in which tobacco use is legal, except for vehicles.  The government regulates online delta-8 sales.

O Canada! Our Home and Native Land for Delta 8 Users

Cannabis laws in delta 8 THC are actually quite clear compared to other countries, as the laws described above pertain not only to delta 8 but to all cannabis products.  Still, these laws may change as the cannabis market continues to evolve, which is why it’s important to always check with your local government to know where you stand as a delta 8 enthusiast. Why?  In order not to potentially pay any penalties or risk serving jail time.