The federal Cannabis Act and Health Canada, the government Ministry responsible for administering the Act, make it illegal to import or export recreational cannabis. Only Health Canada can issue permits or grant exemptions to import or export cannabis, and only in limited circumstances, including scientific purposes or for industrial hemp. Visit Health Canada for more information on exemptions.

Bringing illegal cannabis or cannabis products into Canada, or taking them across Canada’s international borders out of Canada, can result in serious criminal penalties, both in Canada and other countries. This applies even if you are travelling to or from places that have decriminalized cannabis or made cannabis use legal.

Importing

You must declare any cannabis or cannabis products you have with you to the Canada Border Services Agency (CBSA) when you enter Canada.  If you do not, you can face serious criminal consequences.

Exporting

Although cannabis is legal in Canada, it is still illegal in most other countries. Previous use of cannabis, or any other substance prohibited by local law, could result in you being denied entry to your destination country. You could also face criminal charges, arrest and imprisonment. Each country has it’s own entry and exit requirements. Government of Canada consular officials can provide assistance and support, but cannot intervene on your behalf if you are caught breaking another country’s laws.

Under Canada’s Customs Act individuals travelling, as well as mail, courier and commercial shipments may be examined for prohibited goods, including cannabis and cannabis products.

Penalties for illegally importing or exporting cannabis

The illegal importation and exportation of cannabis in any form, including any oils containing THC or CBD, without a permit or exemption authorized by Health Canada remains a serious criminal offence with penalties that include arrest and prosecution.

Specifically, it is an offence under Section 11 of the Cannabis Act to:

(1) import or export cannabis (unless authorized by the Act).

(2) possess cannabis for the purpose of exporting it.

Penalties for breaking the law include:

(a) imprisonment for up to 14 years, if convicted by indictment; or

(b) if prosecuted by summary conviction:

(i) in the case of an individual, a fine up to $5,000 or imprisonment for a term up to six months, or to both, or

(ii) in the case of an organization, a fine up to $300,000.

Import or export of medical cannabis

Generally, transporting medical cannabis to be used for an individual’s private use both into and out of Canada is also illegal. There are, however, exceptions for cannabis producers with a valid permit or those with an exemption issued by Health Canada. Although these exceptions are rare, they may be issued under the following circumstances, when:

• importing starting materials for a new Licensed Producer, or
• exporting a unique marijuana strain for scientific investigation in a foreign laboratory.

Get help

To erase your criminal record for simple cannabis possession or any other criminal charges, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a criminal offence, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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