I am going to Canada – Can I bring my cannabis?

Can I cross Canadian Border with my Cannabis

Borders and Cannabis and Money

Ferengi Rule of Acquisition #41. Profit is its own reward.

If you bring your own cannabis to Canada. How does the Canadian government profit?

They don’t so they will punish you if you get caught.

It’s simple. It’s about the money. That is the only reason it is now legal.

Cannabis Legalization in Canada

On October 17, 2018, Canada made a significant policy shift by legalizing marijuana for recreational use. The Cannabis Act came into effect, allowing Canadians to possess and use cannabis for non-medical purposes. However, there are still some important considerations:

Possession and Use: Canadians can legally possess and consume weed, subject to restrictions on the amount and how it was purchased. This includes various forms of cannabis, such as dried flower, edibles, extracts, and topicals.

Transportation Across the Border: Despite legalization within Canada, it remains strictly prohibited to transport cannabis across the Canadian border. This applies whether you’re entering Canada from another country or leaving Canada for another destination.

The ban includes all forms of cannabis products, even if you’re authorized to use it for medical purposes.

It’s essential to understand that this law applies even if cannabis is legal in both the source and destination countries.

You’re Not Welcome Here in Canada

Inadmissibility Due to Cannabis Conviction: If you ever find a reason to go to Canada and there aren’t that many. If you have a prior arrest or cannabis conviction, there’s a chance you may be turned away at the Canadian border. A DUI? Just stay home.

If you really must go. Seeking legal advice from an immigration expert is advisable in such cases.

Cannabis Legalization in Michigan

Michigan, too, has embraced cannabis legalization. However, there are nuances to be aware of:

Legalization Status: As of now, it’s no longer against the law to own or grow marijuana in Michigan. However, retail stores didn’t open until 2021. Michigan citizens can legally cultivate up to 12 cannabis plants, compared to the limit of four in Ontario, Canada.
Crossing the Border: Despite both Michigan and Canada legalizing cannabis, it’s still illegal for those in Michigan to buy cannabis in Canada and cross the border with marijuana. This issue affects Americans living near the border who might be tempted to take advantage of Canada’s nationwide legalization.

Conclusion

While cannabis enthusiasts can enjoy legal weed in both Canada and Michigan, crossing the border with it remains a complex matter. Whether you’re traveling north or south, leave your cannabis behind to avoid legal complications. Remember, the laws differ between countries, and what’s permissible in one place might not be in another. Stay informed and enjoy responsibly!

Disclaimer: This article provides general information and should not be considered legal advice. Always consult legal professionals for specific guidance.

Learn more

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

What does Nolle Prosequi mean?

What does Nolle Prosequi mean? Fatal Flaw In criminal cases, nolle prosequi may be employed when there is a significant weakness in the prosecution's case, when the prosecutor acknowledges an inability to prove the charges, or even when the prosecutor has lost...

People v. Lukity, 460 Mich 484 (1999)

Case Summary The Michigan Supreme Court reversed the Court of Appeals and reinstated the defendant’s conviction for first-degree criminal sexual conduct against his fourteen‑year‑old daughter. The Court held that although one evidentiary error occurred, it was...

Adverse Possession in Michigan – Can Someone Claim Your Property?

From Canada.ca The official website of the Government of Canada

Drugs, alcohol and travel

It is illegal to take cannabis – including products containing cannabis, such as edible cannabis, cannabis extracts and cannabis topicals, and all products containing CBD – across the Canadian border, whether you are entering or leaving the country:

No matter how much cannabis you have with you.
Even if you use cannabis for medical purposes in any form, including cannabidiol (CBD), unless authorized by Health Canada.
Even if you are travelling to or from a municipality, state or country where cannabis has been legalized or decriminalized.

At your destination

If you travel to other countries, including the United States, with any amount of cannabis in your possession, you could:

be charged with a criminal offence (This applies to all countries, whether cannabis is legal there or not.)
be denied entry at your destination if you have previously used cannabis or any substance prohibited by local laws
be denied entry to other countries in the future

It is your responsibility to learn about the laws, including the legal status of cannabis use and possession, in your destination country.

If you are travelling for business related to the cannabis industry, contact the foreign government office in Canada of the country you plan to visit.

For more information, consult our Travel Advice and Advisories.

Returning to Canada

It is illegal to enter Canada with cannabis, unless you have a prescription for a medication containing cannabis authorized by Health Canada.

If you are entering Canada and have cannabis with you in any form, you must declare it to the Canada Border Services Agency.

Not declaring cannabis in your possession at the Canadian border is a serious criminal offence. You could be arrested and prosecuted.

This information is taken directly from the Canadian Gov website section Drugs, alcohol and travel.

The Law

750.553 Occupancy of building without consent; violation; penalty; exception.

Sec. 553.

(1) Except as provided in subsection (2), an individual who occupies a building that is a single-family dwelling or 1 or both units in a building that is a 2-family dwelling and has not, at any time during that period of occupancy, occupied the property with the owner’s consent for an agreed-upon consideration is guilty of a crime as follows:

(a) For a first offense, a misdemeanor punishable by a fine of not more than $5,000.00 per dwelling unit occupied or imprisonment for not more than 180 days, or both.

(b) For a second or subsequent offense, a felony punishable by a fine of not more than $10,000.00 per dwelling unit occupied or imprisonment for not more than 2 years, or both.

(2) Subsection (1) does not apply to a guest or a family member of the owner of the dwelling or of a tenant.

Other Articles

What is Inference Stacking?

What Is Inference Stacking? A Legal ExplanationInference stacking—also called pyramiding of inferences—is a rule of evidence that prohibits courts or juries from building one inference on top of another when the first inference is not supported by direct evidence....

Deadlocked Jury – What does it mean?

A deadlocked jury is often called a hung jury—A deadlocked jury—often called a hung jury—occurs when jurors cannot reach the unanimous (or legally required) agreement needed to deliver a verdict. In criminal cases, most jurisdictions require unanimity. When the jury...

Improper Transport of a Firearm in Michigan

Improper Firearms Transport, Storage Laws and Penalties Michigan law makes improper gun transport a misdemeanor crime under MCL 750.227d. Firearms can be confiscated and sometimes not returned, but attorneys can file motions under Michigan Court Rules (MCR) to seek...

Miranda v Arizona

Case Summary Miranda v. Arizona established that before police conduct custodial interrogation, they must advise suspects of their rights: the right to remain silent, that statements may be used against them, and the right to an attorney. These “Miranda warnings”...

Michigan House Bill Proposes 32% Tax on Internet Devices for Kids

Taxed Again..? They're working on it.A newly introduced Michigan House bill would impose a 32% excise tax on smartphones, tablets, gaming systems, and other...

Shadow cash is corrupting Michigan courtrooms

The Shadow Cash Threat: Protecting the Integrity of Michigan Courtrooms In recent months, a spotlight has been cast on a hidden influence within the Michigan legal...

Michigan judge charged in stealing from incapacitated adults

No Good Headline to Lead with HereSummary Federal prosecutors have charged a 36th District Court judge and three associates with orchestrating a long‑running financial...

Michigan Supreme Court and Court of Appeals Cases – Prisoner in Possession

Prisoner in Possession of a Controlled SubstanceCase Summary In People v Tadgerson, the Michigan Supreme Court addressed a critical question: does the crime of a...

What is Inference Stacking?

What Is Inference Stacking? A Legal ExplanationInference stacking—also called pyramiding of inferences—is a rule of evidence that prohibits courts or juries from...

Michigan Supreme Court and Court of Appeals Cases – Murder

Case Summary In People v Jones, the Michigan Court of Appeals addressed whether a single act of abuse can support convictions for both first‑degree child abuse and...

Michigan Supreme Court and Court of Appeals Cases – Neglect of Duty

Case Summary In People v Harper, a Wayne County Sheriff’s deputy was charged with neglect of duty after witnessing an inmate escape during his smoke break and taking no...

Michigan Supreme Court and Court of Appeals Cases – Metallic Knuckles

Case Summary In People v Dummer, the defendant challenged Michigan’s metallic‑knuckles statute, arguing that simply possessing the weapon was protected by the Second...

Michigan Supreme Court and Court of Appeals Cases – Election Interference

Case Summary In People v Burkman, defendants created a robocall targeting African American voters during the 2020 election. The call falsely warned that mail‑in voting...

Michigan Cannabis Tax Fraud Cases Are Rising

Hands up CaponeMichigan’s regulated cannabis industry is in a very different place than it was when medical marijuana and adult-use legalization were the primary...