The legal cannabis industry in both the US and Canada is growing faster than ever, which can make it easy to forget about the strict rules surrounding transporting it across the border and the very serious legal consequences that you could face if you break them.
In this comprehensive guide, we’ll explore the current Canadian cannabis laws, the potential consequences of violating these laws, and discuss the rules surrounding CBD products and cannabis for medical use in more detail.
Whether you’re a Canadian resident or a visitor from another country, this article will provide you with the information you need to navigate Canada’s cannabis import/export laws safely and legally.
Bringing Weed into Canada
Can you bring weed into Canada? It would be tempting to think that the legalization of cannabis for recreational purposes in Canada would mean being allowed to bring it in from other countries – but this is not the case. It remains illegal to transport cannabis across the international border, regardless of the legal status of marijuana in your home country or Canada. This applies to all forms of cannabis, including herbal cannabis (buds), cannabis extracts (hash), vapes/weed pens, and edibles.
It also applies to all ports of entry, meaning it does not matter if you are flying in, driving over the border, or arriving by boat – it is still illegal.
The Canadian government has strict rules in place for declaring cannabis at the border. Failure to declare cannabis or cannabis products in your possession can result in serious consequences, including fines, arrest, prosecution, and even imprisonment.
If you attempt to bring marijuana into Canada without declaring it, you risk being denied entry and can also face legal repercussions in your home country as well. See below for more details on the potential penalties.
Traveling with Cannabis In Canada
Once you are within Canada’s borders, the rules surrounding cannabis possession and transportation are more lenient, but there are still important regulations to follow.
As of October 2018, the new Cannabis Act legalized recreational marijuana use for adults in Canada. This means that individuals aged 18 or older (19 in some provinces) can legally possess up to 30 grams of legally purchased dried cannabis or its equivalent in public. However, it is still widely prohibited to consume it in public places (via smoking).
When traveling by air within Canada, you are permitted to carry up to 30 grams of legally purchased cannabis in your possession, provided you meet the minimum age requirement. It’s important to keep your cannabis products sealed and secure in your carry-on luggage to avoid any potential issues with airport security or airline staff.
Taking Weed Out of Canada into the US
Just as bringing weed into Canada is illegal, it is also a serious criminal offense to transport cannabis out of Canada and into the United States or any other foreign country. This remains true even if you are traveling to a state where marijuana is legal, such as Washington or Colorado.
If you are caught attempting to bring cannabis across the Canadian border into the US, you can face severe penalties, including fines, arrest, and potentially even prison time. It’s simply not worth the risk. When leaving Canada, make sure to dispose of any unused cannabis products safely and securely before crossing the border.
Penalties
Canada
Violating Canada’s cannabis laws while crossing the border can result in serious penalties including arrest, criminal prosecution, seizures, fines, and travel bans:
- Criminal charges: Bringing cannabis into Canada or attempting to take it out of the country violates the Canadian Cannabis Act and is considered a serious criminal offense. Those who are prosecuted and convicted could be liable to imprisonment for up to 14 years in the most serious cases. Less serious cases that end in a summary conviction rather than conviction on indictment (similar to a misdemeanor vs a felony) are punishable with fines up to $5,000 and/or imprisonment for up to six months.
- Denial of entry: If you are caught attempting to bring cannabis into Canada, you may be denied entry into the country, face a lengthy exclusion period, and also be subject to additional scrutiny during future border crossings.
- Permanent record: A cannabis-related conviction can result in a permanent criminal record, which may impact your ability to travel to other countries, obtain employment, or secure housing in the future.
In addition to potential prosecution, if you fail to properly declare cannabis and cannabis products at the border and are caught, you could be subject to on-the-spot fines ranging from CAD $200 to $2000.
United States
In the US, Cannabis (marijuana) is a Schedule 1 substance according to the federal Controlled Substances Act. Anyone caught attempting to bring cannabis or cannabis products from Canada into the US or vice versa could face a range of serious legal consequences on the American side of the border.
It is illegal to:
- Import or export cannabis or cannabis products across the border
- Present at a US port of entry while in possession of cannabis or cannabis products
- Import or export drug paraphernalia (pipes, bongs, etc.)
If you are caught on the American side of the border breaking any of these laws, you could face fines, arrest, drug charges, travel/visa bans, and/or imprisonment in the most serious cases. It doesn’t matter how much cannabis you are caught with – even 1 gram could lead to significant legal consequences.
If an individual is convicted of the offense of “smuggling goods” into the US, the maximum penalty is a fine of up to $250,000 and imprisonment for up to 20 years.
Even if you’re traveling to or from a US state where cannabis is legal, it is still federally illegal, and therefore, transporting any amount of cannabis across the border can result in criminal charges.
Medical Marijuana
If you use cannabis for medical purposes, have a valid medical prescription for cannabis, or carry a medical marijuana card issued in the United States or elsewhere, it is still illegal to attempt to bring weed across the border into or out of Canada.
This applies to herbal cannabis (buds), edible cannabis, cannabis topicals, cannabis extracts, and weed pens/vapes all the same.
There are some very limited exceptions for those who hold valid medical prescriptions for cannabis-based medications approved by Health Canada such as Epidiolex and Sativex, but this requires a travel class exemption certificate. These are usually issued for medical purposes in advance by Health Canada on a case-by-case basis. If you are trying to bring one of these medications across the Canadian border, be sure to declare it on arrival.
CBD Products
CBD (cannabidiol) products have gained popularity in recent years for their potential health benefits. Unlike THC (tetrahydrocannabinol), CBD is a non-intoxicating compound found in cannabis plants. However, in most cases, it is still illegal to transport products containing CBD across the Canadian border.
This prohibition applies regardless of:
- The amount of CBD products you have with you
- Whether you have a medical document, such as a prescription authorizing the use of CBD products
- Whether you are traveling from a country where CBD products are legal or decriminalized
Only Health Canada has the authority to issue permits or grant exemptions to these rules, and it only does so in very limited circumstances. CBD products derived from industrial hemp that contain less than 0.3% THC are still regulated by the Canadian Cannabis Act and can, therefore, not be imported or exported without the proper licenses.
Traveling to Canada with Foreign Marijuana Convictions
If you have a foreign marijuana conviction on your record, it can have a big impact on your ability to enter Canada, even if it was from many years ago. Under Canadian law, individuals with a criminal record for drug offenses, including marijuana-related crimes, may be deemed criminally inadmissible and denied entry at the border.
However, there are options available for those with past cannabis convictions who wish to travel to Canada. One potential avenue is to apply for a Temporary Resident Permit (TRP), which can allow entry for a specific purpose and limited time. Another option is to pursue Criminal Rehabilitation, which has the potential to permanently resolve your inadmissibility if you meet certain eligibility criteria.
Our recent blog post on Entering Canada with a Marijuana Conviction has more details.
Don’t let a past mistake hold you back from experiencing all that Canada has to offer. Contact Dogen Law today to learn more about how we can help.
How Dogen Law Can Help
If you have a past cannabis-related conviction that may impact your ability to enter Canada, don’t hesitate to reach out to Dogen Law. Our highly qualified and experienced team can guide you through the process of applying for a TRP or pursuing Criminal Rehabilitation to help you overcome your inadmissibility and enjoy all that Canada has to offer.
With the help of a reputable immigration law firm, overcoming criminal inadmissibility becomes a smooth process and has a higher chance of success. Get in touch today by completing our online assessment to see if you are eligible.
