From 17th October 2018 the cannabis plant and all its by-products, including CBD, will be legal in Canada, but their sale, access and possession will come under a new strict regulatory framework.

Until regulation ensues in 2019, however, many CBD-containing products will be illegal in Canada (e.g. skin creams and vaping products) as the law only allows a limited number of products in a limited number of formats on the market.

While the new laws will initially apply to CBD products, a comprehensive regulatory regime for all cannabis-derived products is to be expected in the near future; this may reflect the difference in the nature of these products compared to high THC cannabis products.

The government could even devise new strategies to encourage consumption of less potent cannabis products, including hemp and CBD, such as a pricing and tax scheme based on potency to discourage the purchase of high-strength products.

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