Illegal, untested CBD products are everywhere and could be putting you at risk
CBC
The claim from the sales person to the undercover Marketplace crew seemed straightforward enough: a CBD-infused balm will "100 per cent" help with back pain and "in 15 minutes it will feel like relief." But not only is that promise a complete exaggeration, both that claim and the product are illegal.
A CBC Marketplace investigation has found hundreds of illegal CBD products for sale in a thriving Canadian black market. Going undercover, we found products are easily available and salespeople are willing to make extravagant and illicit health claims.
While Canadians look to CBD for its promise as a health remedy, Marketplace has found there's no control over what goes into the illegal black market products — and no way to test them.
In fact, the CBC lawyers advising on this story said that Marketplace could not legally test black market products because it would mean breaking laws that police controlled substances. It's a hurdle tripping up many Canadian researchers — and it means no one really knows what is in the illicit CBD being sold.
Unlike in the U.S., CBD is a controlled substance in Canada; it is considered among drugs the government thinks can be addictive or potentially abused. These include illegal street drugs and prescription medication. CBD was lumped in with THC when cannabis was legalized in Canada in 2018.
That means, like other cannabis products, only government-licensed retailers are allowed to sell CBD products and there are strict rules and regulations around who is allowed to grow, process and distribute CBD products.
For example, in Ontario, authorized CBD products can only be legally purchased online at the Ontario Cannabis Store, from authorized licensed dispensaries or with a medical note from authorized stores such as Shoppers Drug Mart. In British Columbia, BC Cannabis Store is the only legal place to buy CBD online.
It is also illegal to make any health or cosmetic claims about CBD products in Canada. To make a health claim, the product requires approval as a prescription drug under the Food and Drugs Act. No CBD products in Canada have that approval.
That didn't stop a salesperson at Calyx Wellness, another unlicensed CBD store in Toronto, from making bold claims about CBD: "From what I've heard, it depends on your situation, but it'll help with anything," she told the undercover Marketplace crew.
"It's kind of like a superpower almost."
WATCH: Hidden cameras show employees discussing unproven CBD claims:
CBD is one of many compounds found in the cannabis plant, but unlike the more well-known THC it doesn't get you high. While some preliminary research suggests therapeutic uses for CBD — primarily for anxiety, insomnia and pain — experts say more research is needed.
Take that CBD-infused balm from Sensitiva on Queen Street West in Toronto, for example. Jason Busse, the associate director of McMaster University's Michael G. DeGroote Centre for Medicinal Cannabis Research, says CBD doesn't dissolve in water and most topicals, he says, are unlikely to penetrate the skin. While a minority of individuals will find some benefit, Busse says, "We've got very little evidence as to whether these topical preparations work and whether CBD in isolation works."
The lack of strong scientific evidence around CBD hasn't stopped the black market from offering everything from tinctures, oils, creams and chocolate to shampoo, face masks and personal lubricants, with claims CBD can help with everything from writer's cramp to "halting the duplication of cancerous cells."
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