Canadian CANNAINVESTOR Magazine Canada March / April 2019 | Page 139

PUTTING THE “C” IN CONFUSION: THE LEGAL STATUS OF CBD

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PUTTING THE “C” IN CONFUSION: THE LEGAL STATUS OF CBD

Whitney Abrams,

Minden Gross LLP

CBD. It has exploded in popularity in Canada (and the United States) as consumers have widely began to become curious about, and accept it as a cure-all for pain relief, relaxation, and reduction of anxiety. CBD massages are now being offered at national hotel chains, and CBD oil is being touted by lifestyle bloggers across the country as the newest and most valuable part of their regimen. If you weren’t convinced, perhaps Canopy’s most recent investor, Martha Stewart, who will join the company as an advisor to help develop CBD products for people and their pets, is enough.

CBD, a short form for cannabidiol is one of the chemical compounds known as cannabinoids found in the cannabis plant. THC, short for tetrahydrocannabinol, is the cannabinoid that gives users the “high” sensation often associated with cannabis use. CBD does not have the same psychoactive effect as THC. For this reason, CBD has become widely appealing to the general public and has simultaneously become a source of massive public confusion.

Many believe that because CBD lacks the psychoactive component, it is regulated differently than cannabis is in Canada. But, this is not the case - under the Federal Cannabis Act, CBD falls under the definition of “cannabis”, and is regulated in the identical way that all other cannabis is under the Act. Meaning, the only legal CBD products are ones produced and manufactured by licensed producers and sold by private provincially licensed distributors or government-run retail.