Cannabis and the border: what you need to know now that it's legal in Canada
Highlights:
- It is a criminal offence to travel to or from Canada with any amount of cannabis in your possession. You are not allowed to transport cannabis across an international border under any circumstances.
- Even within Canada, the rules of cannabis sales and use differ between each of the provinces and territories. Know them before you travel.
- No matter where you travel, you are responsible for being aware of the laws within the municipality, province, territory or country.
While cannabis is federally legal across Canada, it is a substance that remains illegal in most countries. It is a criminal offence to travel to or from Canada with any amount of cannabis in your possession.
Even within Canada, the rules of cannabis sales and consumption differ between each of the municipalities, provinces, or territories.
You are responsible for understanding the laws within each jurisdiction that you live in or travel to.
Entering Canada
Do not travel with cannabis. If you are entering Canada and you have cannabis with you in any form, you must declare it to the Canada Border Services Agency (CBSA). Not declaring cannabis in your possession is a serious offence. You could face arrest and prosecution.
Leaving Canada
You could be denied entry to another country if you have involvement in the legal cannabis industry in Canada, or if you mention any previous consumption of cannabis.
The Cannabis Act legalizes the purchase and consumption of cannabis by adults in Canada, but it does not change the country’s border rules. It is illegal to take cannabis across Canada's international borders. You are not allowed to transport cannabis across an international border, even if you are authorized to use it for medical purposes, or if you are travelling to or from an area where cannabis has been legalized or decriminalized.
You could be subject to criminal charges if you try to travel to another country with even a small amount of cannabis in your possession.
Travelling within Canada
You may travel with up to 30 grams of cannabis in public, however, travelling from one province to another with cannabis will be treated in the same way as alcohol: travelling with personal amounts will be tolerated but keep in mind that provinces have the right to restrict the importation of goods across provincial and territorial borders.
Only approved patients travelling within Canada are allowed to travel with cannabis, provided it is in its original container and labelled with the patient’s medical document.
For the most up-to-date legislation, check the Health Canada website for information on cannabis rules in each province and territory.
Travelling to the USA
While medical and/or recreational cannabis is legal in some US states (including Washington, Oregon and California), the sale, possession, production, and distribution of cannabis remains illegal under US federal laws.
The United States has a zero-tolerance drug policy and may impose severe penalties for the possession of any illegal substance. In the US, cannabis is listed as a Schedule I drug, which is the same class as cocaine and heroin.
The Canada/US border is governed by federal laws, no matter the state. This applies to jurisdictions where cannabis is legal on both sides of the border, such as the border between British Columbia and Washington, for example. While cannabis consumption is legal and regulated in both places, it will remain illegal for cannabis to be carried across the border.
Border entry is at the sole discretion of the Customs and Border Protection officer, and each agent is given authority to ask whatever questions they deem necessary. Disclosing cannabis consumption could impact your ability to travel to the United States.
There is currently no official agreement between the US and Canada concerning the questioning and treatment of citizens by border officers.
Understanding and following the laws around responsible cannabis consumption in each municipality, province, territory and country is your responsibility.