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

Add on charges for your permanent record – Using a computer

The Use of Electronic Devices to Commit Crimes in Michigan Yes that means your cellphone... Computer" means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific...

Can You Be Charged for Using Your Phone During a Crime in Michigan?

Your breaking the law if you are using a cellphone while driving. On top of that if you're committing a crime and you use the phone... You're in for a prosecutor's extra round of office high fives.Can You Be Charged for Using Your Phone During a Crime in Michigan?...

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

Pending Charges?

Pending Charges. Don't wait. Get ahead of their game. If you have been arrested but not charged yet. Don't wait while they build evidence and take your statements to use against you! They may just be building a case against you and letting you get more comfortable...

Gov. Whitmer Signs Gun Violence Prevention

April 13, 2023 FOR IMMEDIATE RELEASE April 13, 2023 Gov. Whitmer Signs Commonsense Gun Violence Prevention Legislation to Keep Michigan Communities Safe Establishes universal background checks for all firearm purchases, safe storage requirements...

Federal Court Strikes Down Gun Ban For People Who Use Marijuana

The federal government's justification for upholding the law is "concerning," according to a federal judge, who ruled that the ban on marijuana users owning firearms is unconstitutional. A man was charged in Oklahoma in 2022 after police found marijuana and a handgun...

Police found my friend’s drugs in my car-What do I do?

When you're pulled over by the police and your friend throws their stash under your seat. Are they still your friend? That's up to you. But at the moment you probably are going to take the fall, pay the price and have your life turned inside out and upside down. The...

Supreme Court 8-1 Gun Possession Decision Changes Second Amendment

Supreme Court 8-1 Gun Possession Decision Changes Second Amendment Landscape Forever!Issue: Whether 18 U.S.C. 922(g)(1), the federal statute that prohibits a person...

Facial Recognition and Wrongful Arrests

Facial RecognitionHow Technology Can Lead to Mistaken-Identity Arrests Facial recognition technology has become increasingly prevalent in law enforcement, but its use...

People v. Chandler Case: Protecting Fourth Amendment Rights

Court of Appeals of Michigan PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Javarian CHANDLER, Defendant-Appellant. No. 368736 Decided: June 27, 2024Before:...

What are Miranda Rights?

What are Miranda Rights?Miranda Rights, also known as the Miranda warning, are the rights given to people in the United States upon arrest. “You have the right to...

What is the Exclusionary Rule?

What is the Exclusionary Rule?The Exclusionary Rule is a legal principle in the United States that prevents the government from using most evidence gathered in...

Government Drones in Your Life – Yes, They Made up a Reason

Long Lake Township v. Maxon The Costs Outweigh Benefits in Exclusionary Rule Application and the Slippery Slope of Fourth Amendment ProtectionsThe recent decision by...

Supreme Court Opinion – Created federal agencies need judicial oversight

Summary of the Opinion in Loper Bright Enterprises v. RaimondoIn Loper Bright Enterprises v. Raimondo, the Supreme Court addressed the enduring precedent set by Chevron...

MI Lawyer Weekly – Michigan’s Go To Lawyers for Cannabis Law

Please join us in congratulating our inaugural Michigan’s Go To Lawyer for cannabis law. Michael Komorn, Komorn Law, Farmington HillsMichigan Lawyers Weekly is pleased...

Chinese-funded marijuana farms springing up across the U.S.

Inside the Chinese-funded and staffed marijuana farms springing up across the U.S.During a farm inspection, New Mexico state special agents discovered an excessive...

Oakland County Sheriff’s deputy fatally shot in ‘ambush’ while following stolen car

Oakland County Sheriff's deputy fatally shot in 'ambush' while following stolen carA deputy investigating a stolen car was shot to death Saturday night in Detroit in...