Industrial hemp in Canada is regulated under the Cannabis Act (2018) and the Industrial Hemp Regulations made under that Act. Hemp food products are additionally subject to the Food and Drugs Act and Canadian Food Inspection Agency oversight. CBD and other cannabinoid products derived from hemp are regulated separately, under the broader Cannabis Act framework, not the Industrial Hemp Regulations.
The defining threshold
Industrial hemp is defined as Cannabis sativa L. material with a delta-9 THC concentration of 0.3 percent or less by weight in the flowering heads and leaves. Any cannabis material exceeding that threshold is regulated as marijuana, regardless of the cultivator's intent.
Cultivation licensing
A Health Canada licence is required for any commercial activity involving industrial hemp: cultivation, possession of harvest material, processing, sale, import, export, breeding, or research. Licence categories distinguish between these activities; most commercial growers hold a cultivation licence specifying their location and approved cultivars. Health Canada's service standard for processing an application is 60 business days (approximately three calendar months).
Licensed growers must:
- Plant only seed of pedigreed status from cultivars on Health Canada's List of Approved Cultivars (93 cultivars for 2026)
- Maintain detailed records of planted area, seed source, and harvest disposition
- Permit Health Canada inspection
- Test crop material if required, though a 2017 policy exempts approved cultivars from THC testing during the growing season provided certain conditions are met
Hemp food regulation
Hemp seed, hemp seed oil, hemp protein powder, and hemp flour are foods in Canada, subject to the same labelling, food safety, and packaging requirements as other foods. The CFIA oversees compliance with the Food and Drugs Act, the Safe Food for Canadians Act, and related regulations. Specific labelling rules apply (a Nutrition Facts panel, common name, net quantity, etc.), but hemp foods carry no special restrictions beyond standard food law.
Health Canada has issued specific guidance permitting hemp seed, hemp seed oil, and hemp protein in foods provided they are derived from approved cultivars and meet the 0.3 percent THC standard.
CBD: regulated separately
Cannabidiol (CBD), even when extracted from low-THC industrial hemp, is regulated under the Cannabis Act as a cannabis product, not as a food or natural health product. Federal regulations require:
- A processing licence to extract CBD from hemp
- Sale only to provincially authorised cannabis distributors
- Retail sale only through provincially authorised cannabis retailers (the OCS in Ontario, BC Cannabis Stores in British Columbia, the SQDC in Quebec, AGLC retailers in Alberta, and so on)
- Health Canada-approved packaging including child-resistant features, plain packaging requirements, warning labels, and the federal excise stamp
Selling CBD in grocery stores, pharmacies, or natural food stores is not permitted in Canada under current regulation, regardless of source.
Recent and pending changes
In 2025, Health Canada introduced sweeping amendments to the Cannabis Regulations to reduce administrative burden on licensed producers. The Industrial Hemp Regulations were not amended in that round. In 2026, Health Canada is consulting on potential changes to simplify the Industrial Hemp Regulations along similar lines, including possible reforms to the licensing process and cultivar approval mechanism. Final regulatory changes have not been published as of mid-2026.
Import and export
Importing or exporting industrial hemp from Canada requires a separate Health Canada authorisation, even for licensed growers. Canada is the world's largest exporter of food-grade hemp seed, with the United States, Korea, Japan, and the European Union as the largest destination markets.
This article summarises the current regulatory framework for general educational purposes. It is not legal advice. Anyone intending to grow, process, or sell hemp commercially in Canada should consult Health Canada's official publications and a qualified regulatory adviser.