Same plant, different THC
Hemp and weed are not 2 different species. As Wikipedia explains, hemp and higher-THC cannabis are both Cannabis sativa, and most Western governments tell them apart by THC content; in older texts, hemp could mean any form of cannabis. Sativa here is the species name, not the sativa label on strains, which indica vs sativa vs hybrid explains.
THC matters because it is the compound behind the high. Health Canada's consumer information says THC causes the intoxicating and impairing effects of cannabis and has addictive potential, while CBD, which both plants can contain, is not intoxicating but still has effects; see THC vs CBD for more. The U.S. draws the same line: marijuana means cannabis with substantial amounts of THC, and plants with very little THC count as industrial hemp (NCCIH).
You cannot tell them apart by eye. Hemp and marijuana look and smell alike, and measuring THC is the only way to distinguish them, the Associated Press has reported, so the difference is measured, not seen.
Where Canada draws the line
Health Canada defines industrial hemp as cannabis that contains 0.3% THC or less in the flowering heads and leaves. Hemp is grown under the Industrial Hemp Regulations, one of the 2 main sets of regulations under the Cannabis Act; commercial growers need a federal industrial hemp licence and must plant varieties from Health Canada's list of approved cultivars.
The 0.3% figure is a policy choice. The American Society of Agronomy has called it scientifically arbitrary, citing the 1976 cannabis taxonomy by Ernest Small and Arthur Cronquist, and Switzerland allows up to 1% THC (Wikipedia). The U.S. also uses 0.3%, measured as delta-9 THC by dry weight (CDC). And while hemp may not exceed 0.3% THC, there is no limit on how much CBD it can contain, according to Health Canada's CBD guidance.
What hemp is grown for
Cannabis has a long history as a crop: genetic and archaeological evidence suggests it was first domesticated about 12,000 years ago in East Asia (Wikipedia). Health Canada lists fibre from the stalks for paper, textiles, rope or twine and construction materials, and grain for food products, cosmetics, plastics and fuel (Health Canada hemp FAQ). Wikipedia's hemp article adds clothing, insulation, paint and animal feed, and hemp is also made into rolling papers and wraps.
Not every part of the plant is controlled. Non-viable seeds, mature stalks stripped of leaves, flowers, seeds and branches, and the fibre from those stalks are excluded from the Cannabis Act (Health Canada), so hemp fibre can be made into rope or fabric without a cannabis licence. Hemp seed oil and hemp flour are hemp seed derivatives, and a derivative of hemp seed or grain sold without a licence can contain no more than 10 micrograms of THC per gram (Health Canada hemp FAQ).
Hemp seed oil vs hemp CBD oil
This is the most common mix-up in the hemp aisle. Both come from hemp, but from different parts of the plant (Health Canada):
- Hemp seed oil is cold-pressed from the ripened seeds. It can contain no more than 10 parts per million THC, no cannabinoid may be added or concentrated, and it is sold in food, cosmetics and natural and veterinary health products (Health Canada). Wikipedia notes that it is pressed from hemp varieties without significant THC and has a relatively low smoke point, so it is not suitable for frying, and that hemp oil turns rancid quickly if not stored properly.
- Hemp CBD oil is a CBD-rich extract from the leaves and flowering heads, mixed with a plant-based oil such as olive, canola or grape seed oil (Health Canada). It is a cannabis product, regulated like any other; see what CBD oil is and how it is made.
Why hemp-derived CBD is still regulated as cannabis
Many people assume CBD from hemp is exempt. In Canada, it is not. Health Canada says CBD is a controlled substance under United Nations drug control conventions, and Canada controls it too: CBD and products containing it are subject to all of the rules that apply to cannabis, whether the CBD came from industrial hemp or other cannabis. The Act does not distinguish between the 2 sources, and the CBD molecule is the same either way. In practice:
- Hemp farmers cannot extract CBD themselves unless they also hold a cannabis processing or research licence.
- Growers may sell hemp flowers, leaves and branches to licensed cannabis processors, a change Health Canada made under the Cannabis Act to provide a source of low-THC, high-CBD cannabis products.
- Anyone making a CBD product for sale needs a federal processing licence, whatever the source of the CBD.
- When you buy CBD, check the THC too: look for lab-tested products with clear numbers for both, since Health Canada warns that CBD products can contain some THC.
- Natural health products, veterinary health products and cosmetics may contain hemp derivatives such as hemp seed oil, but deliberately adding CBD or other cannabinoids is not permitted. CBD creams are sold as cannabis topicals instead; see the guide to cannabis topicals.
Canada and the U.S. treat hemp CBD differently
In the U.S., a 2018 law removed hemp from the federal Controlled Substances Act, effectively legalizing CBD that comes from hemp, although a few states have not followed (CDC). Canada made no such distinction, so a hemp CBD product that is legal to sell in much of the U.S. is still a controlled cannabis product here.
How hemp became legal to grow in Canada
Hemp production was prohibited in Canada in 1938 under the Opium and Narcotic Drug Act. The ban was relaxed briefly during the Second World War, when usual fibre sources were unavailable, then renewed, and from 1961 limited growing was allowed for research. After research from 1994 to 1998 showed hemp could be grown separately from marijuana, the Industrial Hemp Regulations came into effect on March 12, 1998, and the first commercial licence was issued in May 1998 (Health Canada hemp FAQ).
When the Cannabis Act came into force on October 17, 2018, hemp moved under it with new Industrial Hemp Regulations, which Health Canada describes as generally consistent with the old rules but adjusted to the relatively low risk hemp poses compared with other cannabis.
Hemp vs weed at a glance
- Species: both are Cannabis sativa.
- THC: hemp has 0.3% or less in the flowering heads and leaves; weed has more.
- CBD: both can contain it, and hemp has no CBD limit.
- Main uses: hemp for fibre, seed, oil and CBD extraction; weed is grown mainly to be consumed for its THC.
- Rules: hemp under the Industrial Hemp Regulations with approved varieties, weed under the Cannabis Regulations, both under the Cannabis Act.
Buying CBD and cannabis
GasDank delivers same day across Toronto and the GTA, usually within 1 to 2 hours, and ships across Canada by mail order. CBD products are in the CBD section and THC flower is under all flower; check each label for THC and CBD content. The menu carries lab-tested products, and customers must be 19 or older (21 in Quebec), with ID checked at the door.
