Last December, two Canadians leaving Toronto for Miami were arrested for carrying nearly 18 kilograms of marijuana (worth $132,000) in their baggage. The incident occurred at the U.S. border preclearance facility at Toronto’s Pearson Airport, where they were detained by the Canada Border Services Agency for alleged smuggling. Although the Canadian government has legalized the possession of marijuana in limited quantities, carrying it across Canadian borders remains illegal.
Cannabis legalization in Canada for recreational purposes has attracted international media attention – much more than when marijuana was made legally available for medical use in 2001. One related issue is the uncertainty surrounding border laws and marijuana. Americans are hesitant about how the law might affect them when they enter Canada and return to the U.S. Even Canadian tourists and business people, particularly those working in the cannabis sector, are concerned about the treatment they’ll receive from inspectors at the U.S.-Canada border. Here’s a blog post to help you better understand cannabis laws and their effect on travellers possessing marijuana when entering or leaving Canada.
Cannabis and Cross-Border Laws in Canada
Cannabis legalization in Canada is a domestic issue, which means it’s applicable only within Canada; it has no impact on any other country’s laws and regulations. The Canadian government warns that cannabis is still prohibited in most other countries and that “carrying any cannabis or cannabis product (legal or illegal) across Canada’s border will remain a serious criminal offence, with individuals convicted of engaging in such activities liable for prosecution.” The law covers all cannabis products, including those legally prescribed by doctors for Canadian residents under Access to Cannabis for Medical Purposes Regulations.
Entering Canada
Although cannabis possession (up to 30 grams) and consumption are legal in Canada, you’re prohibited from carrying cannabis or any product containing cannabis (THC or CBD) across the Canadian border:
- even if you’re authorized to own and use cannabis for medical purposes.
- no matter how little cannabis you have with you.
- even if you’re flying to or from an area where cannabis possession and use is legal.
Those who violate the law, intentionally or otherwise, can face serious criminal penalties, including fines or jail time. If you’ve been charged with illegal transport of cannabis while travelling to or from Canada, contact a criminal defence lawyer immediately.
Leaving Canada
It’s also illegal to carry cannabis or marijuana across the Canadian border when leaving the country. If you’re found travelling to other countries with any amount of cannabis in your possession, you can be charged with a criminal offence. This includes all types of cannabis like edibles, topicals, extracts and products containing THC or CBD. This is applicable to any country you’re travelling to, whether marijuana is legal there or not.
Foreign officials could refuse you entry if you’ve consumed marijuana in the recent past, even if it’s legal in your country. Presently, this also includes possible denial of admission to America. United States Border Patrol will ask travellers about their marijuana consumption and possession. If you’re found in violation of U.S. laws, officials may detain you and even revoke your NEXUS card. So, you’ll be facing serious problems (including criminal convictions) both at home and abroad. Hence, it’s important to know about the cross-border marijuana laws of the country to which you’re travelling, despite your employment or association with Canada’s cannabis industry.
Travelling with Cannabis Within Canada
If you’re travelling within Canada and meet the minimum age requirement of the state or territory you’re in, you’re allowed to travel with up to 30 grams of dried cannabis. It’s the responsibility of each traveller to know the marijuana laws of the province or territory they’re visiting.
In a Nutshell
Just because marijuana has been legalized in Canada doesn’t mean that the same laws are applicable when you’re travelling abroad. It’s still illegal in most parts of the world, and the Canadian government asks its citizens to respect the laws of the countries they plan to visit. Many nations, including the United States, have zero-tolerance towards cannabis, including possession, use and travel. Severe penalties can be imposed for such crimes, including fines, detention and jail time. If you’ve been charged with cross-border marijuana smuggling or know someone in a similar situation, contact an experienced criminal lawyer in Canada today.