Thinking of crossing the Canada-U.S. border with medical marijuana? Don’t, unless you want to have your marijuana confiscated and possibly go to jail.
“The importation of marijuana, cannabis, or paraphernalia used to consume drugs is prohibited by federal law. Even if a state or province have legalized amounts for medicinal purposes, it’s still illegal to import into the United States,” said United States Customs and Border Patrol media liaison Ken Hammond over the phone with SooToday.
Both in Canada and in Michigan, marijuana is permitted for medical use under law, and Canada is expected to legalize marijuana for recreational use in 2018.
A Canadian or U.S. citizen, no matter if they have a prescription from either country or both, is not allowed to enter the U.S. with marijuana, said Hammond.
“Do not bring marijuana either in person or by the mail or it will be confiscated and you will be subjected to penalties,” he said.
U.S. Customs and Border Patrol enforces 400 laws from more than 60 agencies, including the Drug Enforcement Administration, which classifies marijuana as a Schedule I narcotic and, hence, illegal to import, said Hammond.
If a person has a prescription for the drug it is quite likely, depending on the amount, that they will only have it confiscated and not face arrest, said Hammond.
“Depending on how it’s found, if it’s concealed, and the amount, you could open up yourself to more harsher penalties,” said Hammond. “It depends on the judgement of the officer involved in consultation with a supervisor in terms of what can be considered a personal use amount. Several pounds would be hard to be considered single use.”
Even with a small amount of marijuana, a person could face civil charges up to $5,000 or even more, he said.
Even if a person isn’t technically on federal land or crossing a US Border inspection booth, if it is suspected that they "have an intent to go foreign" — for example if they cross the bridge toll booths entering the direction of Canada — they could face penalties, he said.
Importing marijuana into Canada, including for medical marijuana, without a valid permit from Health Canada is also illegal, said Canada Border Services Agency media representative Patrizia Giolti.
"If a person is travelling with medicinal marijuana and fails to declare it to the CBSA, the marijuana will be seized and they may be prosecuted," wrote Giolti. "Under the Access to Cannabis for Medical Purposes Regulations, it is illegal to import into Canada, or export from Canada, cannabis and cannabis products without a valid permit issued by Health Canada. Permits may only be issued for limited purposes: medical, scientific or industrial hemp."
A Health Canada spokesperson clarified that permits are not granted to individuals, only businesses and institutions, and other special circumstances.
