Delta 8 is making waves on select shelves in Canada. Delta 8 and Delta-9 THC laws vary in Canada. In the USA, Delta 8 became popular once the Farm Bill removed CBD-derived hemp products from the list of scheduled drugs — if below 0.3 percent of delta-9 THC. How does Delta 8 and Delta 9 THC laws different in Canada?
Canadian Law on THC Alternatives
Delta 8 products hit the Canadian market in September of 2022. The recreational use of cannabis was legalized in Canada in October 2018. This allows adults over the age of 18 to purchase and consume cannabis products from licensed retailers. However, there are restrictions in place on how cannabis can be sold and consumed. Most notably, there are limits on the THC content allowed in cannabis-derived products like tinctures or edibles.
According to the government of Canada’s Guide on Composition Requirements for Cannabis Products summary page, dried or fresh cannabis products sold in Canada “intended for ingestion or nasal, rectal or vaginal use” must contain no more than 10mg of THC per package. This limit considers the potential for THCA conversion into THC upon consumption. Dried cannabis products “in discrete units that are intended to be inhaled” must not exceed a net weight of one gram (1g).
As of October 2019, addendums and amendments to the legalization of cannabis in Canada made it legal to purchase and consume Delta 8 THC products. However, Delta 8 THC products can only be sold by licensed retailers and must be labelled clearly with their cannabinoid content.
USA Law on THC Alternatives
In May of 2022, the Ninth Circuit ruled that products that contain hemp-derived cannabinoid known as Delta 8 THC are completely legal under the 2018 Farm Bill — and are also entitled to legal protections under federal law, including copyright and trademark protection.
In the United States, Delta-9 THC is classified as a Schedule I drug under the Controlled Substances Act. This means that it’s still technically illegal to manufacture, possess, or distribute Delta-9 THC according to federal law.