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

Your Rights

Can I cross Canadian Border with my Cannabis

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

248-357-2550

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

Traffic FAQs-Golf Carts-Mini Motorcycles-ATVs-Electric Scooters

Traffic FAQs - Golf Carts - Mini Motorcycles - ATVs - Electric Scooters Know the laws if you get pulled over. Know who to call if you need legal defense if a violation turns into a DUI or worse. That would be us. Question: We recently got “Bird” scooters (electric...

A Victory for Cannabis Farming as Agriculture in Michigan

A Victory for Cannabis Farming as Agriculture in MichiganIn a landmark case that underscores the evolving landscape of cannabis regulation and taxation in agricultural contexts, HRP Cassopolis, LLC v LaGrange Township Assessor in Cass County, Michigan, has set 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

Red Flag Rules for Extreme Risk Protection Orders-Firearms Act

Michigan Supreme Court - These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act. Red Flag Laws.Effective February 13, 2024On February 6, 2024, the Michigan Supreme Court issued ADM File No. 2023-24, which adopts...

Laws passed by Michigan lawmakers in 2023 will take effect

Several new laws passed by Michigan lawmakers in 2023 will take effect on Tuesday, Feb 13, 2023Making use of the first combined Democratic majority in the state House, Senate, and governor's seat in decades, legislators have the numbers and have successfully approved...

The Expanding List of Crimes that Restrict Gun Ownership

The Expanding List of Crimes that Restrict Gun Ownership in MichiganHere are the LawsDomestic Violence The legislature passed a package of bills that add subsets to certain misdemeanor offenses (identified below) for offenses involving domestic relationships. See 2023...

Second Amendment Restrictions and Restoration in Michigan

Michigan cherishes the Second Amendment, but it's important to remember that this right isn't absolute. Certain actions or circumstances can lead to its temporary or permanent loss. Understanding these situations and potential avenues for restoration is crucial for...