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Canada marijuana seeds laws

Regulation of cannabis seed

As of October 17, 2018, the cultivation of cannabis seed is permitted in accordance with the requirements of the Cannabis Act and Regulations.

CFIA’s role in the regulation of cannabis seed

The CFIA regulates the import, export, certification and grading of cannabis seed under the following acts and regulations:

The CFIA’s Seeds Act and Regulations and Plant Protection Act and Regulations regulate cannabis seed in the following ways:

  • delivery of the pedigreed seed crop inspection system
  • labelling requirements of the Seeds Act and Regulations will apply to seed of cannabis
  • import:
      sativa outlines the import requirements for plants and seeds
    • The Seeds Act and Regulations will regulate the import of cannabis seed. The ABCs of Seed Importation into Canada outline these requirements

    Cannabis with novel traits

    Cannabis could also be subject to assessment under the Seeds Act and Seeds Regulations as a plant with novel traits, if a novel trait was introduced in to the crop.

    How to buy legal cannabis seeds in every province (almost)

    Growing your own weed is a perk of legalization and most provinces allow Canadians to grow up to four plants per household. A homegrow is a great opportunity to understand the plant on a deeper level, as well as save a ton of cash.

    And it all starts with a seed.

    While most people know how and where to buy legal cannabis products, accessing legal cannabis seeds can often be a more challenging process (and in some places in Canada, functionally impossible).

    Three years on, access to legal seeds — like much of the rest of the cannabis market — depends entirely on where you live.

    British Columbia

    Is it legal to grow here? Yes

    Are seeds available? Yes

    Where can I buy? Seeds are available through both the private retail stores and the provincially-run BC Cannabis Stores.

    British Columbia is often considered the epicentre of cannabis cultivation in Canada, with “BC Bud” known worldwide. It’s hard to deny the influence the west coast has had over Canada’s entire cannabis culture.

    At the time of writing this article, the provincial supplier only had one variety of seeds listed — Bubba Kush Seeds by 34 Street Seed Co. The province’s independent retailers have more seed selections on their store menus, and some even have a couple of varieties to choose from.

    Our top picks:

    Alberta

    Is it legal to grow? Yes

    Are seeds available? Yes

    Where can I buy? Seeds are available at many of the province’s private retail stores.

    On a per-capita basis, no province has a greater saturation of cannabis retail than Alberta, with one store for every 6,300 citizens. In early March 2022, the government stepped out of the retail game, allowing the private sector to takeover the responsibility for sales and delivery.

    So it should be of little surprise, Alberta is one of the better provinces for seed access. Nearly every dispensary menu we looked at has at least a few types of seeds available, and most have at least two or three options.

    Our top picks:

    • Tweed – Argyle seeds
    • Next Generation – Blueberry seeds

    Saskatchewan

    Is it legal to grow? Yes

    Are seeds available? Yes

    Where can I buy? Seeds are available at most private stores, and through private delivery.

    If you were inclined to make the case that an entirely private cannabis market is better for consumers, Saskatchewan’s seed market could help make your case.

    Virtually every store has something available, both for in-store shopping and for online sales. And to boot, the prairie province has the best deal we found nationwide at Kiaro, La Ronge: four Pink Limeade seeds for ten bucks. Seeds for the people of Saskatchewan!

    Our top picks:

    • OneLeaf – Citrus Biscuits
    • Pristine – Lillooet Landrace
    • 34 Seed Street Co – Mango 1:1 CBD

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    Manitoba

    Is it legal to grow? No.

    Not much else to say about Manitoba. Right from the get-go of legalization, Manitoba chose, according to the government “to set the limit at zero, effectively prohibiting the cultivation of non-medical cannabis in the home.”

    (There are still many ways to get your hands on some seeds in the Postage Stamp Province, but “legally” isn’t one of them. Use your imagination on this one; loose lips sink ships.)

    Ontario

    Is it legal to grow? Yes.

    Are seeds available? Yes.

    Where can I buy? OCS.ca, and select retail stores.

    Ontario has some of the best selection of products and a flourishing private retail market. It also has—with the utmost respect for my Ontario stoner friends—one of the strangest and most frustrating cannabis markets in the country.

    At first, there was only online retail; then there were physical stores, but only a handful. Now there are “too many“. Private stores at first couldn’t do delivery—then they could, then they couldn’t again, and now they can once again.

    Seed prices are kind of high in Ontario, but the variety is unparalleled. Most packs of seeds will run you north of $30 but the province has the widest selection of strains, with 28 different products available at the time of writing (including a rare find when it comes to seeds — a high CBD strain).

    Our top picks

    • Weathered Islands Craft Cannabis – Sunshine Pine
    • CRG Pharma – Charlotte’s Diesel seeds

    Quebec

    Is it legal to grow? No.

    Though the ban on home cultivation in Quebec was temporarily lifted following a court ruling in 2019, in 2021 it was reinstated, and Quebecers who are caught growing pot plants at home face a $750 fine per plant.

    As such, no seeds are available for purchase through Quebec’s provincially-run SQDC stores.

    New Brunswick

    Is it legal to grow? Yes.

    Are seeds available? Yes.

    Where can I buy? Seeds are available at all Cannabis NB locations and online.

    If you’re regularly growing cannabis plants year-round using legal seeds, then consistent availability is important—and New Brunswick’s seed market, sold through provincially-run Cannabis NB—is nothing if not consistent.

    At the time of writing, there were nine strains of seed available. All are regularly in stock at each of the province’s 20 dispensary locations, in addition to being available for online orders.

    All of the packs are typically the same price—5 seeds for $54.99—and most are supplied by 34 Street Seed Co., a brand owned by Alberta-based ANC Cannabis.

    Our top picks:

    • 34 Street Seed Co – Pineapple Express
    • 34 Street Seed Co – Zkittles x FPOG

    *Our dispensary finder searches cannabis retail menus based on your location. The retailer gets 100% of their sales, Leafly doesn’t take a percentage.

    Prince Edward Island

    Is it legal to grow? Yes.

    Are seeds available? Sometimes.

    Where can I buy? PEI Cannabis, if they are selling.

    While it’s perfectly legal to grow the usual four cannabis plants in Prince Edward Island, as of February 2021, there were no seeds available through the provincial retailer.

    Zip. Zilch. Nada. All we can suggest is that you check the PEI Cannabis website regularly.

    Nova Scotia

    Is it legal to grow? Yes.

    Are seeds available? Yes.

    Where can I buy? Seeds are available through the provincial NSLC Cannabis stores.

    Nova Scotia’s provincially-run NSLC Cannabis stores have a decent amount of reasonably priced seeds—six seeds for $29.99 in most cases. Much like other provincial markets, seed availability and access vary. At the time of publication, the NSLC had 18 types of seeds from 3 producers.

    Our top picks

    • Dutch Passion – Critical Orange Punch seeds
    • 34th Street Seed Co – Double Chocolate seeds
    • Jax Genetics – Sweet Release

    Newfoundland & Labrador

    Is it legal to grow? Yes.

    Are seeds available? Sometimes.

    Where can I buy? Provincially run Cannabis NL website, and private retail stores.

    Much like PEI, Newfoundlanders are legally able to buy seeds. But in reality, it can be difficult to do so.

    While seeds have been available for purchase in the past, they are only sometimes in stock through the provincial retailer. At the time of writing, no seeds were available to order online, and none of the store menus we were able to access listed seeds for sale.

    Yukon

    Is it legal to grow? Yes.

    Are seeds available? Yes.

    Where can I buy? Seeds are mainly available through private retail.

    Cannabis seed availability is by no means widespread in Yukon Territory, that’s likely because the territory only has three stores outside the capital city of Whitehorse.

    Still, for those living in the urban core, accessing seeds should be no trouble—we were able to find at least two stores with seeds in stock in Whitehorse, and one in Carmacks. Selection, of course, is limited.

    Our top picks

    • Pristine – Headband
    • Tweed – Bakerstreet
    • Bold Growth Genetics – Northern Lights

    Northwest Territories

    Is it legal to grow? Yes.

    Are seeds available? Yes.

    Where can I buy? ReLeafNT, and potentially in other retail stores.

    It is hard to offer too much advice about buying seeds in the Northwest Territories, as there’s not a lot of info online (and Leafly isn’t about to expense me the airfare to conduct a speculative fact-finding mission…)

    Late in 2021, the territory closed its online sales making ReLeafNT the de facto online retailer for the territory. They do sell seeds — although what was in stock fluctuated depending on when we checked.

    Our top picks:

    • Humboldt Seed Co – Magic Melon
    • 34 Street Seed Co – Bubba Kush
    • Humboldt Seed Co – All Gas OG

    Nunavut

    Is it legal to grow? Yes.

    Are seeds available? Not currently.

    Cannabis consumption remains pretty stigmatized. The legal market also hasn’t really taken root there yet — there is only one retailer, Nuna Cannabis in Iqaluit, but that store doesn’t currently sell seeds.

    Cannabis in Canada – Laws, Use, and History

    Canada’s new law, (which came into action in 2018), legalised the recreational use of cannabis. Now, adults are free to grow up to four plants and buy limited quantities of cannabis from licenced retailers. They’re the first nation in the Western world to make such progressive steps. As for what impact will the decision have? Only time will tell.

      • CBD Products
      • Legal
      • Recreational cannabis
      • Legal
      • Medicinal cannabis
      • Legal since 2001

      Cannabis laws in Canada

      Can you possess and use cannabis in Canada?

      In 2018, possession and use of cannabis was legalised in Canada. Certain restrictions are in place, as outlined in the country’s Cannabis Law. The law seeks to achieve three key goals:

      • Keeping cannabis away from young people
      • Protecting public health and safety by permitting access to legal cannabis

      Some provincial restrictions are in place; but excepting these, adults in Canada are legally permitted to:

      • Possess up to 30 grams of legal cannabis (dried or equivalent in non-dried form). This is permitted in public places too.
      • Share up to 30 grams with other adults.
      • Purchase dried or fresh cannabis, or cannabis oil from a licenced retailer (this retailer must have the relevant provincial licence).

      In provinces without a regulated retail framework, individuals may purchase cannabis online from federally licenced producers.

      Canadian adults may also grow cannabis at home (up to four plants) and make cannabis-based products (e.g. food and drink), as long as they don’t use organic solvents to make these products concentrated.

      Edible cannabis products were made legal at the end of 2019. They have been classified in four categories:

      • Cannabis edibles (for eating or drinking) are limited to 10 mg of THC per package.
      • Cannabis extracts (for ingesting) are limited to 10 mg of THC per unit or 1000 mg of THC per package
      • Cannabis extracts (for inhaling) are limited to 1000 mg of THC per package
      • Cannabis topicals (applying to skin, hair, nails) are limited to 1000 mg of THC per package
      Other forms of cannabis

      The law recognises that there are other forms of cannabis; not just dried. As such, equivalent amounts have been established, to ensure users clearly understand how much they’re legally allowed to possess.

      One gram of dried cannabis equals:

      • Five grams of fresh cannabis
      • 70 grams of a liquid product
      • 15 grams of an edible product
      • One cannabis seed
      • 0.25 grams of concentrates (solid or liquid)
      Different laws in different provinces

      Canada is divided into provinces and territories. The authorities of these provinces are responsible for developing, implementing and enforcing systems to monitor and regulate the sale and purchase of cannabis in their region.

      They have the power to:

      • Raise the minimum age (but they’re not permitted to lower it)
      • Reduce the personal possession limit
      • Create additional restrictions for those growing and using cannabis at home (for example, lowering the number of plants permitted)
      • Place restrictions on where cannabis can be consumed (for example, not in certain public places)
      • Alberta: Adheres to national restrictions (as outlined above).
      • British Colombia: The minimum age for possession and use etc. is 19, not 18. Also, retailers must be government-operated or online.
      • Manitoba: The minimum age for possession and use etc. is 19, not 18.
      • New Brunswick: The minimum age for possession and use etc. is 19, not 18. Also, retailers must be government-operated or online.
      • Newfoundland and Labrador: The minimum age for possession and use etc. is 19, not 18.
      • Northwest territories: The minimum age for possession and use etc. is 19, not 18. Also, retailers must be government-operated or online.
      • Nova Scotia: The minimum age for possession and use etc. is 19, not 18. Also, retailers must be government-operated or online.
      • Nunavut: The minimum age for possession and use etc. is 19, not 18. Also, retailers can only be online and government-operated, and orders can be taken online or by phone
      • Ontario: The minimum age for possession and use etc. is 19, not 18. Also, retailers can only be online and government-operated.
      • Prince Edward Island: The minimum age for possession and use etc. is 19, not 18. Also, retailers must be government-operated or online.
      • Quebec: Retailers must be government-operated or online.
      • Saskatchewan: The minimum age for possession and use etc. is 19, not 18.
      • Yukon: The minimum age for possession and use etc. is 19, not 18. Also, retailers must be government-operated or online.

      Can you sell cannabis in Canada?

      Licensed retailers are permitted to sell cannabis in Canada. However, all inventory must be obtained from the government distributor (which varies from province to province – the only exception to this is Saskatchewan, which permits retailers to obtain cannabis from private companies). In some provinces and territories, private retail is not permitted, and only government-run stores may sell cannabis.

      Quebec, Nova Scotia, Prince Edward Island, New Brunswick, and the Northwest Territories all follow the Crown Corporation model. This means the province owns the distribution and the retail stores.

      British Colombia, Yukon, Newfoundland and Labrador, and Nunavut permit private licenced retailers to sell cannabis, in addition to the government-run stores. Alberta, Manitoba, and Saskatchewan don’t have any government-run stores.

      Selling to young people

      Canadian law states that it’s prohibited to sell or supply cannabis to anyone below the age of 18. It’s illegal to provide or sell cannabis to a young person, and it’s also illegal to use a young person to commit an offence relating to cannabis. If either of these acts are committed, the offender may receive a prison sentence of up to 14 years.

      Likewise, it’s forbidden to:

      • Package cannabis products in a way that would appeal to young people
      • Sell cannabis through vending machines or self-service displays
      • Promote cannabis publicly (except in unusual circumstances where young people definitely couldn’t see the promotion)

      If any of these restrictions are ignored, the offender may receive three years in prison, or a fine of up to $5million.

      Can you grow cannabis in Canada?

      The 2018 law also permits adults to grow up to four cannabis plants per household, for personal use only. These can be grown from a licenced seed or seedling, and cannot be grown for the purpose of producing cannabis to sell to others.

      There are certain restrictions in place. For example, the plants must not be accessible to children nor to any other person who is not a member of the household. If growing the plants outside, the land must not share a boundary with a school, public playground or any other public place that’s commonly visited by under 18-year-olds.

      Growing for sale

      In order to grow cannabis for sale, authorisation needs to be given by Health Canada. The cultivator may also need a CRA licence (Canada Revenue Agency). All products must carry the official excise stamp.

      Is CBD legal in Canada?

      The Cannabis Act permits the sale of CBD products in Canada. CBD is regulated in the same way as other cannabis products, and not under the industrial hemp regulations (even if the CBD was derived from hemp, not cannabis).

      If a retailer wishes to sell CBD products, they require the same licence as those who sell dried or fresh cannabis, for example. This may deter some retailers, and is unexpected for such a progressive country. By contrast, the US federal government regulates hemp-derived CBD differently to cannabis-based products.

      Food and drinks containing CBD are currently still illegal, but it’s thought that they will be legalised by late 2019.

      Can cannabis seeds be sent to Canada?

      Cannabis seeds can be legally purchased in Canada, though exact laws regarding quantities differ from province to province. The law is ambiguous when it comes to mailing seeds in the post.

      Medicinal cannabis in Canada

      Medicinal cannabis has been legal in Canada since 2001. However, the laws regarding medicinal cannabis changed after the introduction of the Cannabis Act in 2018.

      • Buy cannabis products directly from a licenced seller
      • Register with Health Canada, then produce a limited amount of cannabis for their own personal use
      • Assign someone else to produce the cannabis for them

      The patient can also purchase cannabis (subject to the restrictions in their province or territory). This can either be bought online or through authorised physical stores.

      The Cannabis Law also introduced some improvements, such as:

      • Permitting the patient to request the transfer of their medical document to a different licenced seller.
      • Permitting the patient to request the return of their medical document.
      • The removal of the 30-day limit for buying cannabis from a licenced seller (to make sure the patient doesn’t have a break in their supply).
      • A wider range of available products.
      • Access to more licenced producers and sellers, which means more competitive prices, more supply, and better availability.

      Personal storage limits have also been removed. Now, a patient can store as much medicinal cannabis as they want at home. As for possession in public – the patient can have a 30-day supply of dried cannabis (or 150 grams or under), in addition to the 30 grams permitted for recreational purposes. If questioned by the police, they must be able to show their registration document (issued from a federally licenced seller) and their registration certificate from Health Canada.

      Industrial hemp in Canada

      For years, licenced farmers were permitted to grow industrial hemp, but were banned from harvesting any part of the plant, apart from the stems and seeds. The flowers, buds and leaves (all the parts that contain CBD) had to be left in the field.

      However, Canada’s new Cannabis Act has changed this. It defines industrial hemp as any cannabis plant with a THC level of 0.3% or less (in the flowering heads or leaves), and all parts of the plant may be legally harvested. In order to legally grow industrial hemp, the cultivator must still apply for a licence from Health Canada.

      Alberta is the most popular province for industrial hemp growers, with 335 licences issued so far. Saskatchewan follows closely behind with 294, then Manitoba with 202. The least popular area for hemp cultivation is Newfoundland and Labrador, where, to date, only one licence has been issued.

      Ted Haney, the executive director of the Canadian Hemp Alliance, predicts that the future looks bright for Canada’s hemp industry. He comments: “We are hearing reports that even in this year of experimentation, some producers have been able to generate a similar income from sale of chaff (flowers, leaves and buds) that they have from seed.”

      Politics and cannabis

      The current Liberal-led government have demonstrated in no uncertain terms their commitment to legalising cannabis – and have made the country the first in the Western world to take these progressive steps.

      Their views are not shared by all of Canada’s political parties. The Conservative Party are against legalisation and believe that penalties for non-violent offenders should be increased. Christian Heritage also stand in opposition to its legal status.

      However, most of the other main parties backed President Trudeau’s decision to make cannabis legal; including The New Democratic Party, The Green Party, The Libertarian Party, The Communist Party, The People’s Party and Bloc Quebecois.

      Canada’s cannabis industry

      Despite having the world’s first major legal commercial cannabis industry, Canada has failed to fully cash in on the resulting rewards. This has largely been down to regulatory issues.

      For example, the licencing process was time-consuming, which meant it took longer for cultivators and retailers to get their products to market. The delay of legalising the sale of cannabis edibles also cost the country financially.

      To add to the problem, legal cannabis remains more expensive than its black-market equivalent, which affects its competitive edge. As a result, illegal cannabis selling still thrives in Canada, despite there being a legal alternative.

      However, that’s not to say the market isn’t enjoying some level of success. For example, Dank Mart in South Vancouver created distinctive branding for their cannabis business. After visiting, a former Weedmaps rep commented: “I knew then that they had something special. They had a brand that people were willing to camp out overnight for, which didn’t exist in the industry at the time, or even now.”

      Good to know

      If you are travelling to Canada (or currently live there), you may be interested to know the following:

      • According to Statistics Canada, in 2018, 14% of Canadians reported using cannabis in the past three months. Of those, 56% were daily or weekly users – which equates to roughly 2.4 million people.
      • It’s illegal to take cannabis across the border; either into or out of Canada. That’s irrespective of whether the neighbouring country has made it legal or not.
      • Nearly one million Canadians report spending over $250 on cannabis in the space of three months.

      Cannabis history

      The indigenous people of Canada say that they’ve been using cannabis for many centuries. Experts believe that they used it for medicinal purposes, as well as for making fabric.

      In 1801, the Lieutenant Governor of Upper Canada distributed hemp seeds to the farmers in the area, in a bid to boost industry and finances. A few years after, Upper Canada’s parliament had allocated $300 for machinery to process the hemp.

      In 1917, a new machine was invented to revolutionise the hemp industry, which separated hemp more easily from the internal core. However, just six years later, cannabis was banned in the country, just as it was in many other parts of the world. The Narcotics Drug Act Amendment Bill prohibited the ‘improper’ use of several drugs and reflected the negative views of the time.

      The Canadian police force made its first cannabis seizure in 1937. In the 1960s, cannabis use escalated, as the ‘hippy’ movement took root in the country. The zenith of this movement was the pro-cannabis smoke-in, held at Vancouver’s Gastown District. The ‘Gastown Riot’ saw hundreds of peaceful protestors being forcefully dispersed by police officers on horseback.

      Related post

      Cannabis Use in Lebanon – Laws, Use, and History

      Attitudes towards cannabis

      Attitudes towards cannabis in Canada are generally positive. A recent survey found that 70% of people either support or accept legalisation, with just 18% strongly opposing it. Unsurprisingly, support was strong among those who were aged between 18 and 29, though it’s worth noting that 64% of people aged 60 or over also supported its legalisation.

      About a quarter of Canadians think that consuming cannabis is less harmful than drinking alcohol, with the majority saying it’s comparable.

      Will cannabis stay legal in the future?

      At the time of writing, it’s too early to say whether cannabis will remain legal in Canada or not. This largely depends on the effect the law has on numbers of cannabis-related prosecutions (it’s anticipated to go down), and how many people are adversely affected by the availability of the drug.

      Only time will tell, but one thing seems certain. Canada’s trailblazing approach is already starting to influence other governments across the world.

      While every effort has been made to ensure the accuracy of this article, it is not intended to provide legal advice, as individual situations will differ and should be discussed with an expert and/or lawyer.

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