It is illegal to enter the U.S. with cannabis, cannabis products or paraphernalia. Travellers caught illegally transporting cannabis across the Canada – U.S. border could be charged with a criminal offence and face severe penalties both in Canada and in the U.S. This applies even if it is medical cannabis, or if you are travelling to a U.S. State where cannabis use is legal.

Canadian offences

Only Health Canada can issue permits or grant exemptions to export cannabis, and only in limited circumstances, including scientific purposes or for industrial hemp. (For more information, view topic 2445 Is it legal to import or export cannabis?)

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

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

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

Canadian penalties

Under the Act, every person that contravenes subsection (1) or (2)

“(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or

(b) is guilty of an offence punishable on summary conviction and is liable

(i) in the case of an individual, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both, or

(ii) in the case of an organization, to a fine of not more than $300,000.”

U.S. offences

Cannabis is a Schedule 1 controlled substance under the U.S. federal Controlled Substances Act (CSA) and as such, the use and possession of cannabis for any purpose is illegal. If you are trying to cross the border with cannabis or cannabis products, the amount you are carrying and whether you have concealed it will determine how serious the penalty you receive will be. However, if you are caught with even with a small amount, U.S. Customs and Border Protection (CBP) officers will confiscate it, and you could be fined thousands of dollars and denied entry.

Specifically, under the CSA, it is illegal to:

• import and export cannabis and cannabis products across the international border
• arrive at a U.S. port of entry with cannabis and cannabis products
• sell, possess, produce, distribute or facilitate the sale, possession, production and distribution of both medical and recreational cannabis and products containing cannabis in the U.S. (including edibles and oils)
• import or export drug paraphernalia

U.S. penalties

Penalties for these offences can include:

• fines, arrest and imprisonment
• seizure of the contraband
• being denied entry to the U.S.
• a lifetime ban from entering the U.S.
• ineligibility for visas

If you are charged with the offence of “smuggling goods” into the U.S. the penalties can be as severe as a fine of up to $250,000 and imprisonment for up to 20 years.

There also can be severe penalties if you are caught with cannabis or cannabis products while in the U.S. Refer to answer 2585 What are the penalties if caught using cannabis in the U.S.?

What if you receive a ban from entering the U.S.?

If you are caught attempting to cross the border with cannabis or cannabis products and receive a ban from entering the U.S., you will have to apply for a U.S. Entry Waiver in order to visit the U.S. in future. For more information about U.S. Entry Waivers, refer to the USA Travel and Immigration section.

The rules around the legalization of cannabis in the U.S. are constantly changing.  For more information regarding the U.S. Controlled Substances Act and drug offences and penalties, refer to the U.S. Department of Justice, Drug Enforcement Administration (DEA), Diversion Control Division.

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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