Marijuana and Canadian Travel: What Should I Know?
On October 17, 2018, Canada implemented the Cannabis Act, a significant shift in its legal landscape that allows for the possession and recreational use of marijuana.
If you have a past arrest or conviction related to cannabis, you may face challenges entering Canada. However, it’s important to understand that there are still options available to you.
Fill out our contact form to schedule a free consultation with a THE MILLENNIUM IMMIGRATION expert, who can guide you on how to address potential inadmissibility issues when entering Canada.
Table of Contents
- Overview
- Entering or Leaving Canada with Marijuana
- Declaring Cannabis at the Canadian Border
- Travelling with Weed within Canada
- Inadmissibility to Canada due to a Marijuana Conviction
- Possession of Cannabis and Criminal Inadmissibility
- Driving Under the Influence (DUI) of Marijuana
- Trafficking or the Illegal Sale of Weed
- How to Overcome Inadmissibility due to a Cannabis Conviction?
Overview
While recreational cannabis use is now legal in Canada, foreign visitors may still face several cannabis-related challenges when seeking entry. These include:
Possession of Marijuana: Bringing marijuana into or out of Canada remains illegal, regardless of its legal status in your home country.
Criminal Record: Any past cannabis-related offenses can result in inadmissibility to Canada.
Compliance with Canadian Laws: While in Canada, visitors must adhere to local cannabis regulations, including limits on possession, avoiding driving under the influence, and not supplying marijuana to minors.
Entering or Leaving Canada with Marijuana
In Canada, you are allowed to possess and consume cannabis, provided you adhere to restrictions on the amount and how it was purchased. However, transporting cannabis across the border remains strictly prohibited. This applies to:
Quantity: It doesn’t matter how much cannabis you have; the ban is absolute.
Types of Products: This prohibition covers all forms of cannabis, including edibles, extracts (like vaporizers and concentrates), and topicals.
Medical Use: Even if you are authorized to use cannabis for medical purposes, including CBD, you cannot transport it across the border.
Legal Jurisdictions: The law applies regardless of whether cannabis is legal in both the country you’re leaving and the one you’re entering.
Understanding these regulations is crucial, as violations can result in serious legal consequences.
Declaring Cannabis at the Canadian Border
CBSA (Canadian Border Services Agency) officers typically won’t inquire about your personal cannabis consumption outside of Canada. However, they may ask if you’re carrying any controlled or prohibited substances into the country.
Failing to properly declare cannabis or providing inaccurate information can lead to fines or denial of entry into Canada. It’s crucial to be aware of the penalties associated with cannabis-related offenses. Additionally, CBSA is likely to maintain a record of any cannabis-related issues at the border, which could affect future travel to Canada.
Travelling with Weed within Canada
You are responsible for adhering to the cannabis laws of your location. While recreational marijuana is legal throughout Canada, each province and territory establishes its own minimum age for purchase, possession, and use. Currently, the age is 18 in Alberta, 21 in Quebec, and 19 in all other provinces and territories. It remains illegal for minors to access cannabis, and adults cannot facilitate such access.
In Canada, individuals are allowed to publicly possess up to 30 grams of dried cannabis. The government sets limits for other cannabis forms, like fresh cannabis, edibles, and concentrates, using established equivalencies. For instance, 1 gram of dried cannabis is equivalent to 5 grams of fresh cannabis, meaning you can possess 30 grams of dried or 150 grams of fresh.
To help users stay within legal limits, the Canadian government provides an online calculator where you can input different amounts and types of cannabis to ensure compliance.
Inadmissibility to Canada due to a Marijuana Conviction
Many individuals hoping to enter or immigrate to Canada may be surprised to discover that a prior foreign criminal conviction related to cannabis can make them inadmissible. At Canadian ports of entry, CBSA officers can easily access criminal history reports, such as those from the FBI, which may reveal marijuana-related convictions. The nature of the offense—whether it’s a misdemeanor or felony in the U.S.—is less important than how it corresponds to Canadian law.
Understanding foreign cannabis convictions hinges on whether they have a Canadian equivalent. For example, foreign convictions for actions that are now legal in Canada, like possessing 30 grams of dried cannabis or cannabis paraphernalia, typically won’t create issues for entry.
However, certain cannabis-related offenses can still lead to inadmissibility. The most common include:
1. Possession of more than 30 grams of dried cannabis (or its equivalent in other forms).
2. Driving under the influence (DUI) of cannabis.
3. Illegal sale or distribution of cannabis (considered serious criminality, potentially punishable by up to 10 years in prison).
While Canada allows for the possession of limited amounts of cannabis, it must be legally obtained. If someone acquires cannabis from an unlicensed source, both the buyer and seller could face criminal charges. Consequently, a conviction for a similar offense outside of Canada could result in inadmissibility.
Possession of Cannabis and Criminal Inadmissibility
To combat the black market for marijuana, the Canadian government has classified the possession of illegally purchased cannabis—regardless of the amount—as a hybrid offense. This means the government can choose to prosecute the offense summarily (similar to a misdemeanor in the U.S.) or by indictment (more akin to a felony).
For immigration purposes, Canada treats hybrid offenses as indictable offenses, which elevates their seriousness. Even a single conviction for a hybrid offense can lead to inadmissibility. If you have a past hybrid offense on your record, you may need to apply for a Temporary Resident Permit or seek Criminal Rehabilitation to ensure your ability to travel to Canada.
Driving Under the Influence (DUI) of Marijuana
Driving under the influence of cannabis is treated as a serious crime in Canada. Following the legalization of recreational cannabis, the Canadian government heightened penalties for substance-related driving offenses. Consequently, the maximum imprisonment term for DUI has increased from 5 years to 10 years.
Both Canada and the U.S. classify any substance that impairs an individual’s ability to drive—whether prescribed or recreational—as grounds for a DUI charge. Common substances involved in these cases include cannabis, cocaine, prescription medications, mushrooms, methamphetamines, heroin, Xanax, Ambien, and various painkillers.
As a result of these changes, a foreign national convicted of driving under the influence of drugs or alcohol—whether in Canada or elsewhere—may be deemed criminally inadmissible on grounds of serious criminality, particularly if the offense occurred after October 17, 2018.
If you’re looking for ways to enter Canada despite a DUI conviction, it’s essential to understand your options
Trafficking or the Illegal Sale of Weed
If you have a prior conviction related to the importation, exportation, trafficking, or sale of cannabis, you are likely to be deemed criminally inadmissible to Canada. These offenses are categorized as serious criminality, which significantly raises the chances of being denied entry and can lead to a more extensive screening by Canadian border officials.
Generally, overcoming inadmissibility for such serious crimes requires a formal application, which may also involve higher processing fees from the Canadian government. Applications linked to serious criminality undergo rigorous scrutiny and can greatly benefit from the guidance of a Canadian immigration lawyer. Failing to address these inadmissibility issues before attempting to enter Canada may result in outright denial of entry.
How to Overcome Inadmissibility due to a Cannabis Conviction?
If you’re looking to travel to Canada but face criminal inadmissibility, there are three primary avenues you can explore:
1. Submit a Temporary Resident Permit (TRP) Application
If you have been charged with or convicted of a cannabis-related offense, you might be considered criminally inadmissible to Canada. A Temporary Resident Permit (TRP) allows individuals in this situation to gain temporary entry into the country.
Eligibility: TRPs should be sought for significant travel, such as business trips or emergencies. They can be issued for stays of up to three years, depending on the purpose of your visit. The permit may allow for single or multiple entries, at the government’s discretion.
Application Process: American citizens or permanent residents can apply for a TRP either at a Canadian consulate or for immediate processing at a Canadian port of entry (land, air, or sea).
Processing Fee: The fee for a TRP application is $229.77 CAD.
2. Submit a Criminal Rehabilitation Application
Criminal rehabilitation is an option for those who have completed their sentence and wish to clear their criminal record for entry into Canada.
Eligibility: If it has been more than five years since your sentence was completed, you may be eligible to apply. An approved rehabilitation application means you are no longer considered inadmissible and won’t need a TRP.
Types of Rehabilitation: There are two forms—Individual Rehabilitation and Deemed Rehabilitation.
Demonstrating Rehabilitation: You’ll need to show that you’ve rehabilitated and are no longer a risk, which may include proof of stable living, community involvement, and vocational skills.
Processing Fee: Fees vary: $229.77 CAD for non-serious offenses and $1,148.87 CAD for serious offenses.
3. Obtain a Legal Opinion Letter
A legal opinion letter is crafted by a Canadian immigration lawyer and provides an analysis of your past cannabis charges or convictions in relation to Canadian law.
Purpose: This letter can clarify why you should be deemed admissible to Canada and may be especially useful if you have previously been denied entry.
Use Cases: It can aid individuals facing charges, helping them understand how a particular offense is viewed under Canadian law and informing their legal strategy.
Value: It can also be presented to authorities or used in negotiations with prosecutors to highlight the implications of a conviction on future travel plans.
By considering these options, you can navigate the complexities of criminal inadmissibility and explore pathways to travel to Canada.
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is a prominent immigration law firm in Canada, boasting over 11 years of experience and a dedicated team of more than 60 Canadian immigration attorneys, paralegals, and other professionals.
Our firm specializes in helping clients navigate inadmissibility challenges. We take the time to understand your unique situation and craft the strongest possible application for Canadian immigration authorities.
Founded in 2013, themillenniumimmigration.com serves as our comprehensive online resource, offering trusted information on immigration to Canada. Reach out to us for support with your inadmissibility concerns.