CBD is Booming on Both Sides of the Border but is Causing Some Customs Issues According to Reports

Small bottle of CBD oil with cannabis leaf and seeds in a wooden spoon.
Small bottle of CBD oil with cannabis leaf and seeds in a wooden spoon.

With Canada becoming the first nation in the G7 to legalize marijuana completely, and the new legislation that has made CBD legal in the United States, many people trying to cross the border are having issues due to conflicting regulations. In one case, a Vancouver resident was given a lifetime ban in the US after trying to enter the country carrying two bottles of CBD oil. The issue was that while both came from the same source, one tested positive for THC. This is the kind of problem that we are seeing more of.

Legislation is Causing Confusion

While many might be under the impression that all CBD products are legal, this is still not the case. While the US 2018 Farm Bill legalized some CBD products, it was only limited to those who were derived from hemp and contain under 0.3% of THC. There are no such restrictions in Canada, and both CBD dominant plants as well as hemp can be used as sources for CBD products. While there is no clear difference between oil derived from a plant bred specifically for CBD and hemp, it could make a big difference when trying to cross the border.

Importing Oil is Also Illegal

What’s even more confusing is that hemp oil cannot be imported in Canada, no matter its THC content. This is especially strong when considering that it is completely legal in Canada. This can be largely attributed to the government control on cannabis in the country, which limits the number of sellers. Becoming an authorized supplier is also a grueling process, which makes it very difficult to enter.

Other Options are Available

However, many Canadians have found a way to capitalize on the huge demand for CBD products in the US by establishing LLCs in the country. This gives them the chance to buy hemp oil wholesale from US suppliers and corner the market. Buyers, however, have to be careful to buy from reputable suppliers who can show the content of their product and preferably grow their own plants if they want to make sure that their products are actually compliant with US law.

Conflicting State Laws are Making Matters Worse

While states like New York no longer view marijuana possession as a crime, crossing the border with marijuana could still get you into trouble with customs. The same goes for states where it is completely legal for recreational consumption like Illinois. According to one immigration lawyer, the only real solution is for Canadians to leave their CBD products at home and US citizens to do the same. Until some kind of agreement is reached, the border will continue to be a legal minefield for the substance.

While CBD is being more recognized, the US and Canada still have to work on some kind of conjoined legislation to facilitate exchange between the two countries. Until then, it will be wise for both to err on the side of caution.