Travelling With Weed in Canada and the United States
Updated: May 26, 2022
Unrestricted travel between Canada and the United States is back, after two-plus years of pandemic-related border closures and testing/quarantine requirements.
Many of us are planning long-delayed cross-border trips. Can we bring our cannabis along for the journey?
Travel Within Canada: Bring Weed
When travelling within Canada, if you meet the minimum age requirement of the province or territory you are in, you can possess up to 30 grams of dried cannabis or the equivalent. (Note this is only one ounce, a fairly small amount that many in the industry would like to see increased.)
When travelling by plane, your weed can be checked inside your luggage or packed in your carry-on. In fact, a small airport in Prince George, B.C., is set to open the first cannabis store inside an airport, allowing passengers to buy weed for their carry-on. Of course, don't be like comedy genius George Carlin and smoke weed on the plane.
When driving, the rules vary slightly by province. Generally, cannabis must remain sealed in its original packaging and out of reach of anyone in the vehicle. The regulations are similar to existing laws for transporting alcohol in your vehicle.
Crossing the Canadian Border: No Weed
You cannot take cannabis across the Canadian border. The Canadian government’s Cannabis and the Border website clearly states:
“Cannabis is legal for adults in Canada. However, it is still illegal to transport cannabis and all products containing cannabis (including products containing CBD) across the Canadian border:
- no matter how much cannabis you have with you
- even if you are authorized to use cannabis for medical purposes in any form, including CBD
- even if you are travelling to or from an area where cannabis has been legalized or decriminalized”
The Canada Border Services Agency has blunt (LOL) advice on travel with cannabis: “Don't bring it in. Don't take it out.”
Here's a video from the agency:
Travel in the US: Bring Weed Intrastate Only
On May 25, 2022, Rhode Island became the 19th state to legalize recreational marijuana sales when Gov. Dan McKee signed a legislative bill into law. Meanwhile, another 37 states have legalized the medical use of cannabis.
Flying With Weed: Illegal in the US
Because cannabis remains illegal federally, you can not board an airplane in the US with it. Explains the Washington Post: “The airspace you [travel] through is considered federal territory…That includes flying within states where pot use is legal, or flying between states - even if both allow it for recreation.”
Several legal states, including Los Angeles and New York, have announced that authorities will not be seizing cannabis, issuing tickets for possession or making cannabis-related arrests. But, because the Transportation Security Administration (TSA) is a federal agency, TSA spokesperson Lisa Farbstein told the Post: “If a TSA officer comes across [cannabis] while they’re conducting a bag check, they are obligated to report it to the police, and then it’s up to the police how they want to handle it.”
Driving With Weed: Don’t Cross State Lines
Similarly, driving with cannabis between states - even legal ones - can be a problem, says writes Road Affair<. For example, even though Oregon and California or Vermont and Massachusetts are legal, the borders between the states, as well as the interstate highways, can fall under federal jurisdiction and cannabis remains illegal federally.
The consequences of getting stopped “...depends on how much you are carrying, whether it is your first offense, and the nature of the stop. The DEA [Drug Enforcement Agency] officially states that even for a first offense, transporting less than 50 kg of marijuana can merit a maximum penalty of five years in prison and a $250,000 fine.”
Police in illegal states may even “...target out-of-state license plates, especially if it is from a state where marijuana is legal. And if you are in a state where marijuana is completely illegal, all the cop needs to do is claim that he smells marijuana and then he can search your car.”
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