Regardless of your citizenship, when you are in the U.S. you are subject to U.S. laws. Canadian citizenship will not prevent you from prosecution or give you special treatment if you commit an offence.

Federal laws

Recreational and medicinal marijuana remains illegal under the federal Controlled Substances Act (CSA). For example, whenever you try to enter the U.S., you are under the jurisdiction of U.S. Federal law.

The CSA classifies and regulates illegal drugs. Marijuana (cannabis with over 0.3% THC) is a Schedule I substance, meaning it is considered to have a high potential for abuse, no medical value, and can’t be safely prescribed.

Under the CSA, it is illegal to:

“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.”

Cannabis products include any product containing cannabis (edibles, oils etc), as well as drug paraphernalia used to consume cannabis such as pipes used to smoke cannabis. However, CBD with a THC content of less than 0.3 percent is permitted.

Penalties for drug related offences are determined by a number of factors, including the type of drug, the amount, the activity the person was engaged in, and previous criminal activity.

Penalties can include:

• seizure of the cannabis, cannabis products and paraphernalia
• fines, and/or arrest and jail time,
• banned from future entry to the U.S., and
• ineligibility for visas

Federal offences and penalties under the CSA

Under the CSA, a first-time conviction for “simple possession” can result in a minimum fine of $1,000 and imprisonment for up to one year; to a minimum fine of $5,000 and imprisonment of up to three years for a third offence.

 “Trafficking” includes unlawful distribution, possession with intent to distribute, manufacture, importation and exportation of a controlled substance. The penalties for a first offence are:

• 1000 kilograms or more or 1000 or more plants -$10 – 50 million fine and 10 years to life in prison
• 100 to 999 kilograms or 100 to 999 plants -$5-25 million fine and 5 to 40 years in prison
• 50 to 99 kilograms or 50 to 99 plants – $1/5 million fines and up-to 20 years in prison
• Under 50 kilograms of marijuana, 10 kilograms of hashish, 1 kilogram of hashish oil, or 1 to 49 plants – $250,000 – $1 million fine and up-to 5 years in prison

Subsequent trafficking offences include larger fines and longer jail terms, depending on amounts involved and the number of offences.

For more information regarding the Federal 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.

State laws – Decriminalization and legalization of cannabis

Medical cannabis use is legal in almost all U.S. states, recreational cannabis is now legal in 24 states, three territories, and Washington DC. Also, as a step towards legalizing cannabis, several states have decriminalized it. Cannabis laws differ in each state. Generally, you must be 21 or older to use cannabis in States where it is legal.

The “legalization” means that all government-enforced penalties for possessing and using cannabis have been abolished if the use, possession, and sale of cannabis are within the law. Legalization allows for

• a limited number of plants to be grown
• possession of cannabis in limited amounts, and
• the legal sale of marijuana (except in Vermont and District of Columbia)

The “decriminalization” of cannabis generally means no arrest, prison time, or criminal record for the first-time possession of a small amount of marijuana for personal consumption, even though the manufacturing and sale of the substance remains illegal by the state. Possession or sale of an amount within the limits of the state usually carries civil fines instead of criminal charges.

State penalties for possession of cannabis

The penalties for possession of small amounts of marijuana in states where it has been decriminalized no longer include jail or prison time but do carry fines.

States where cannabis is legal

In states where cannabis is legal, so long as the individual follows the rules surrounding its use, there are no penalties. However, breaking the law, such as having possession of an amount over that allowed by legislation can result in fines. More serious offences, such as the unauthorized selling or trafficking of cannabis usually results in much stronger sentences and can still involve criminal charges.

States where cannabis has been decriminalized

In states where cannabis has been decriminalized, an individual caught with a small amount for personal use will usually be subject to a fine and no criminal charge. However, other activities, such as possession of large amounts, unauthorized cultivation, trafficking cannabis or unauthorized sale of cannabis remain as criminal offences with stiff penalties.

States where cannabis is illegal

In States where cannabis is not legal or has not been decriminalized, specific offences and their penalties vary depending on the state, and generally determined by the amount of marijuana possessed. They may result in either felony or misdemeanor charges. Depending on the seriousness of the charge, there are classes of both felonies and misdemeanors that carry different penalties.

A misdemeanor usually involves first-time offenders and possession of small amounts (amounts considered small vary by state).

A felony offence usually results when the amount is larger and may indicate it is for the purpose of sale rather than personal use. Other felony offences include the growing, cultivation, manufacturing or sale of cannabis or cannabis drug paraphernalia.

Penalties for cannabis offences can include:

• fines
• jail time (typically less than one year for misdemeanors and longer for felonies)
• mandatory drug testing
• community service
• probation

Cannabis state laws change often. It is advisable to check the laws of the state you plan to visit before you go.

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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