Is Hemp Legal in Canada?
May 29, 2026
Industrial hemp is legal in Canada under the Industrial Hemp Regulations, 0.3% THC limit, Health Canada licence required. Full 2026 cultivation and trade rules.
Industrial hemp is legal in Canada under the Industrial Hemp Regulations, 0.3% THC limit, Health Canada licence required. Full 2026 cultivation and trade rules.
Industrial hemp has been legal in Canada since 1998 and is now regulated under the Industrial Hemp Regulations (SOR/2018-145), issued under the authority of the Cannabis Act. Hemp is defined as Cannabis sativa containing no more than 0.3% THC in the flowering heads and leaves — the same threshold used in the U.S. 2018 Farm Bill, which simplifies USMCA trade in grain and fibre. Anyone cultivating, processing, importing, exporting, or selling viable hemp seed needs a Health Canada licence; growers must use seed from the approved cultivar list published annually by Health Canada and submit THC test results from an accredited lab.
The harvested grain and fibre move into food, textile, and industrial supply chains without further cannabis controls — hemp seeds, hemp hearts, hemp protein, and hemp oil are sold freely in grocery stores. The flowering heads, leaves, and branches are a different story: as of October 2018, licensed hemp producers can sell these biomass components to licensed cannabis processors for CBD extraction, but they cannot sell them directly to consumers or non-cannabis processors. This bridge between the hemp and cannabis streams is set out in Section 70 of the Cannabis Regulations.
This page is for informational purposes only and does not constitute legal advice. Verify current law with qualified counsel before making compliance decisions.
Legal
Health Canada — Controlled Substances and Cannabis Branch (Industrial Hemp Section)
0.3% THC in flowering heads and leaves
Industrial Hemp Regulations, SOR/2018-145; Cannabis Act, S.C. 2018, c. 16
Industrial hemp import and export is permitted under Section 11 of the Industrial Hemp Regulations with a Health Canada permit. Viable seed, grain, fibre, and hurd flow into and out of Canada under USMCA tariff treatment, with the U.S. as the largest export market for Canadian hemp grain. Each shipment of viable seed requires a separate import or export permit specifying cultivar, quantity, and destination. Non-viable hemp products — dehulled seeds, oil, protein powder, and fibre — generally do not require a cannabis permit but remain subject to CFIA and CBSA food and agricultural inspection.
