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

Criminal Law FAQs – Traffic Offenses

Michigan Criminal Laws FAQs Traffic OffensesAccording to Michigan State Law (Michigan Compiled Laws - MCL), Traffic Offenses encompass a wide range of violations related to the operation of motor vehicles on public roads and highways. These offenses are primarily...

Criminal Law FAQs – Drunk and Disorderly

Michigan Criminal Laws FAQs Drunk and DisorderlyAccording to Michigan State Law (Michigan Compiled Laws - MCL), there isn't a specific statute that solely defines "Public Drunkenness" as a statewide criminal offense in the same way some other states might have a...

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

Legal Tip – Your Rights During a DUI Stop in Michigan

Komorn Law - Quick Legal TipsLegal Tip: Understanding Your Rights During a DUI Stop in Michigan A DUI stop can be stressful, but knowing your rights is crucial. You have the right to remain silent. You are not obligated to answer questions beyond basic identification....

Judge finds marijuana testing facilities run by ex-cops violated testing results

Viridis Laboratories has faced ongoing allegations of exaggerating THC levels while minimizing the potential risks associated with cannabis.If you are charged with a crime you're part of the State of Michigan family now. Call us - Because you don't want to be a part...

Domestic Violence Conviction Prohibits Gun Ownership

No Second Amendment Rights For YouIf you are charged with a crime you're part of the State of Michigan family now. Call us - Because you don't want to be a part of that family. Komorn Law (248) 357-2550A federal judge in Michigan has ruled that a man with a prior...

Update on Michigan’s Sick Time Act (Small Business Compliance)

Small Business Compliance Accrual Method: Employees accrue 1 hour of paid sick time forevery 30 hours worked, and unused paid sick time rolls over upto 72 hours, or 40 for a small business. Employers may limit theuse of earned sick time to 72 hours, or 40 for a small...

Criminal Law FAQs – Domestic Violence

Michigan Criminal Laws FAQs Domestic ViolenceAccording to Michigan State Law, Domestic Violence is not a standalone criminal offense but rather a designation applied to...

Criminal Law FAQs – Assault and Battery

Michigan Criminal Laws FAQs Assault and BatteryAccording to Michigan State Law, Assault and Battery are distinct but often related offenses. There isn't one single...

Other Bodily Fluid House Hearing – HB-4391- Update 5-22-25

Michigan House HearingHB-4391 Saliva Test Update 5-22-25Watch the hearing or read the summary.Click here or image below to see videoFYI: Marijuana although voted to be...

Criminal Law FAQs – Marijuana Offenses

Michigan Criminal Laws FAQs Marijuana OffensesFAQ 1: Is recreational marijuana legal in Michigan? Answer: Yes, recreational marijuana is legal for adults 21 and over in...

Criminal Law FAQs – Operating While Intoxicated (DUI – OWI)

Michigan Criminal Laws FAQs Drunk Driving (Operating While Intoxicated - OWI)FAQ 1: What is the legal blood alcohol content (BAC) limit in Michigan? Answer: In...

The Case of Cannarbor -v- The Michigan Dept of Treasury

Nice Try...This case centered on the disagreement between Cannarbor, Inc., a medical marijuana provisioning center operating in Michigan, and the Michigan Department of...

Legal Tip – Driving High on Cannabis in Michigan

Driving under the influence of cannabis is illegal and carries serious consequences in Michigan.We have fought and won many cases from the District Courts, Circuit...

Michigan House Bill NO. 4391

It may just be easier to collect and analyze tears.This legislation seeks to integrate saliva testing for cannabis within law enforcement procedures, designating a...

Legal Tip – Your Rights During a DUI Stop in Michigan

Komorn Law - Quick Legal TipsLegal Tip: Understanding Your Rights During a DUI Stop in Michigan A DUI stop can be stressful, but knowing your rights is crucial. You...

How to create and share a Dropbox link

Simplified Sender and Receiver Dropbox Share Instructions to Someone NOT on your Team. Don't get caught up in another license or give access to your whole box by...