CBD in NHPs
Currently, CBD products intended for therapeutic use are not authorized as Natural Health Products in Canada. The sale of CBD products is regulated under the Cannabis Act and associated regulations, and Canadians can legally purchase CBD through provincially and territorially authorized cannabis retailers. At the same time, demand for CBD products for therapeutic and wellness purposes continues to grow, and an ongoing illicit market persists. As a result, many Canadians are self-directing the therapeutic use of CBD products without access to the necessary health information.
In response to these market realities, Health Canada has been exploring a potential regulatory pathway for cannabidiol (CBD) in Natural Health Products for several years. The Natural and Non-prescription Health Products Directorate (NNHPD) included this initiative in its Forward Regulatory Plan from 2019–2025 to examine how CBD products used for wellness and therapeutic purposes could fit within Canada’s existing natural health product framework.
Recognizing the potential impact on the natural health products sector and the opportunities such a pathway could create, CHFA has actively advocated for progress and offered support to help advance the development of an appropriate regulatory framework.
CHFA has specifically advocated for a regulatory pathway for therapeutic CBD products that would allow companies to communicate important health information to consumers. While this type of information is restricted in the recreational cannabis market, it is essential to helping Canadians make safe and informed decisions about therapeutic CBD use.
To provide context on how the current regulatory environment has evolved, the following timeline outlines key milestones in the regulation of CBD in Canada.
CBD Regulation in Canada: Key Milestones
2001
Canada establishes a federal framework for access to medical cannabis under the Marihuana Medical Access Regulations (MMAR), allowing patients with specific conditions to access and possess cannabis with authorization, including the ability to grow their own or designate a grower. These regulations were issued under section 55 of the Controlled Drugs and Substances Act.
2013/2014
The Marihuana for Medical Purposes Regulations (MMPR) are introduced, shifting production to licensed commercial producers and formalizing a national medical cannabis system. Under this framework, patients could access cannabis from federally licensed producers with authorization from a healthcare practitioner. Personal cultivation was no longer permitted, prompting legal challenges. (Came into force April 1, 2014; repealed August 24, 2016.)of
2016
The Access to Cannabis for Medical Purposes Regulations (ACMPR) were created in response to a court decision (Allard v. Canada), which found that restricting personal cultivation under the MMPR was unconstitutional. The ACMPR restored personal cultivation rights while maintaining the licensed producer system from MMPR.
2018
The Cannabis Act comes into force, legalizing cannabis (including CBD) for recreational use. Medicinal use cannabis (CBD and THC) was also moved to the Cannabis Act at this point. This was the first point cannabis (including CBD) was no longer regulated under the Controlled Drugs and Substances Act.
2019
Health Canada expanded the allowable format of cannabis for the recreational and medical markets. Cannabis Extracts, Edibles with dose maximums, and Topicals were permitted at this time. This includes a wide range of CBD product formats, which continue to be regulated within the cannabis framework rather than as Natural Health Products, limiting the ability to provide therapeutic claims or health information..C
2019–2025
Health Canada includes exploration of a regulatory pathway for CBD in Natural Health Products in the Forward Regulatory Plan of the Natural and Non-prescription Health Products Directorate (NNHPD).
- 2022:
The Health Products Containing Cannabis Science Advisory Committee publishes its report outlining conditions under which CBD may be appropriate for certain health product uses. - 2024:
The legislative review of the Cannabis Act highlights the potential value of enabling cannabis-derived health products within existing frameworks such as Natural Health Products. - 2025:
NNHPD publishes a discussion paper outlining a proposed pathway for “Natural Health Products Containing Cannabis” (NHPCCs).
Later, this initiative is removed from the Forward Regulatory Plan as other priorities take precedence.
Current
Despite these early steps, the exploration of a regulatory pathway for CBD within Natural Health Products has been removed from the NNHPD Forward Regulatory Plan as Health Canada advances other NHP policy priorities. As a result, CBD products remain regulated under the Cannabis Act and are only legally available through authorized cannabis retail channels, without the ability to provide therapeutic claims or health information.
A History of CHFA Advocacy Efforts
CHFA closely monitors the regulatory landscape surrounding cannabis regulation in Canada, particularly CBD and its potential inclusion in Natural Health Products (NHPs). Regulating CBD under the Natural Health Products Regulations would improve access to safe, effective CBD-containing products for Canadians and create meaningful growth opportunities for the NHP industry.
The Health Products Containing Cannabis Science Advisory Committee’s (SAC) published report from 2022 outlined some important recommendations for future regulatory considerations for health products containing cannabis, including a safe dosing schedule for CBD and an openness for CBD to be regulated under a framework like the Natural Health Product Regulations.
Shortly after the publication of the SAC report, CHFA joined the Cannabis Health Products Coalition (CHPC) which has since been actively engaging with key members of parliament, Health Canada, and other key stakeholders to advance the regulatory framework for health products containing cannabis. CHFA has met with senior Health Canada executives, including the Director General of the Natural and Non-prescription Health Products Directorate (NNHPD), as well as various other officials, to advocate for the implementation of a risk-based regulatory framework for these products.
In March 2024, the Government’s expert panel on cannabis acknowledged that an increased availability of cannabis-based health products, authorized under the existing framework for natural health products (NHPs), would mark an important advancement, providing Canadians with access to legal products that have been reviewed for safety, quality and efficacy. This was mentioned in the Legislative Review of the Cannabis Act: Final Report of the Expert Panel - Canada.ca) which concluded the 5-year review of the Cannabis Act.
After our steady pursuit in hopes to engage Health Canada’s Natural and Non-Prescription Health Products Directorate (NNHPD) on this issue, a significant milestone was reached in March 2025 when the NNHPD published a high-level discussion paper that described their proposed regulatory approach for a pathway towards health products containing CBD, calling these products NHPCC’s (Natural Health Products Containing Cannabis). CHFA welcomed the publication as an encouraging step after years of advocacy. However, CHFA also identified several gaps and concerns that need to be addressed to ensure a functional and science-based pathway forward. We listed some of the concerns below. For the full list, please see CHFA's feedback.
- Unclear evidence requirements, with suggestions of elevated clinical trial standards that do not reflect CBD’s risk profile or its long history of safe use, including traditional Indigenous use.
- Concerns over export restrictions and outdated treaty interpretations, which could limit Canadian industry access to global markets
- An overly strict THC impurity threshold of 10 ppm, which is significantly lower than international standards (e.g., USP and EU monographs) and could hinder domestic production and international trade competitiveness
CHFA’s Current Position and Ongoing Engagement
In this evolving context, CHFA continues to monitor the evolving regulatory and policy landscape while assessing where and how our advocacy can be most effective. Ongoing dialogue between regulators, researchers, industry stakeholders, and subject matter experts remains essential to advancing a credible and evidence informed approach to CBD in health products. At present, CHFA is evaluating policy signals, scientific developments, and market dynamics to help inform future engagement on this file.
Should this file be reprioritized, CHFA we remain committed to re-engaging constructively with Health Canada and relevant stakeholders to support the development of a practical, risk-proportionate regulatory framework that promotes innovation, and enables appropriate access to product information, and provides clarity for industry. And consumers alike. In the interim, CHFA continues to contribute to broader discussions through its participation in the Cannabis Health Products Coalition (CHPC).