As you know that marijuana is now legal in Canada for recreational purposes, but still the rules vary by location, age, and use. If you are thinking to travel Canada to buy and bring weed to your home, don’t try it.
Recreational cannabis is now legal in Canada, but it is strictly regulated. Here are some rules and regulations to buy and consume marijuana, Let’s take a look at them.
What should be Your minimum age to buy marijuana legally?
If you are thinking of buying weed in Canada, you must be 19 to buy, possess and consume marijuana in most of Canada including British Columbia. In Alberta and Quebec, the minimum legal age is 18, but Quebec’s newly elected government has obligated to raise the minimum age to 21. Sharing marijuana with minors is a crime in Canada.
Adults can use cannabis legally, which means they will have to buy from a licensed supplier or store. The maximum limited amount is 30 grams of dried cannabis per individual.
Cannabis Regulation at the Canada border
Transporting weed from Canada to another country and from another country to Canada, both are illegal. You can bring and take Cannabis if weed is legal in both the country. Some suppliers have a permit, issued by the Canadian government to transport marijuana only for medical or scientific purposes.
Generally, travelers must surrender their marijuana at the Canadian border. Failure to regulations risks punishments like fines, detainment, and restriction to enter Canada in the future.
Driving under the Influence of weed
In Canada impaired driving, means driving while under the influence of marijuana is a serious crime. If you are caught driving after taking any cannabis concentrate, you will be punished or penalized.
There are all criminal offenses related to driving after taking weed:
- Driving within two hours of taking cannabis or having more than 2 nanograms of cannabis per ml in one’s blood.
- Refusing to follow instructions of a roadside drug or alcohol test is a criminal offense
- Driving in a dangerous manner
Inadmissibility to Canada due to a Weed Conviction
If you are someone who is wishing to travel or immigrate to Canada, you need to know that a prior, foreign, criminal conviction related to marijuana can render you impermissible to the country. When you enter the Canadian ports, CBSA staff can easily access your criminal record including weed. It does not matter whether the offense is considered a criminal offense or a crime in the United States: What only matters is how the offense renders to the equivalent Canadian law.
The three most common foreign cannabis conviction charges that don’t allow to enter Canada are the following:
- Possession of more than 30 grams of dried cannabis concentrates
- Driving under the influence of marijuana
- The illegal sale or distribution of cannabis is a serious crime, punishable by up to 10 years in prison
Note: Canada allows the possession of limited amounts of weed. However, this weed must be legally produced and obtained. If you obtain it from an unlicensed cannabis producer or seller, both the buyer and seller may be subject to a criminal charge.
In a simple sentence, if you are convicted of a similar crime outside Canada, you may become admissible.
Illegal Sale of Marijuana
If you have any conviction charges involving the sale, trafficking, importation, or exportation of marijuana, you are not admissible to Canada. In Canada, these offenses come under serious criminality. This designation makes inadmissibility to Canada very likely and increases the likelihood of a more thorough screening by a Canadian border agent.
How to Render Inadmissibility to Canada due to a weed conviction?
How you can overcome admissibility to Canada? Three ways can solve your problem and allow you to go to Canada are:
- Submit a TRP (Temporary Resident Permit) application
If you are a foreigner who has been convicted of criminal offenses involving marijuana, you are inadmissible to Canada.
TRP can grant temporary access to Canada to people who have a past criminal record. This application is only valid for significant travel such as for business purposes or an emergency. The validity of this application stays up to three years, depending on the reasons for entry. It may allow only one entry or multiple, it’s the government’s decision.
If you are an American citizen or have a permanent resident status in the USA, you can submit your TRP application at a consulate for immediate processing.
- Submit a Criminal Rehabilitation Application
If you are convicted of a crime or crimes in a foreign country, and it has been more than five years since completing your sentence, you are likely eligible to apply for criminal rehabilitation in Canada. If you get approval for your Criminal rehabilitation application, you are permissible to enter Canada. You don’t require any TRP. This is a one-time solution that is eligible for permanent clearance of a past criminal record. Unlike TRP, it doesn’t require any updating.
If you have ever used a TRP in the past, and now you have been denied entry to Canada because of your past criminal offenses, you must do the following:
- Wait for five years after the completion of your sentence before applying
- Convinced that you have been rehabilitated and are no longer a risk for criminal activity, it requires a stable lifestyle, community ties, and/or social and vocational skills
- Legal Opinion Letter
A legal opinion letter is a document that is prepared by a Canadian immigration lawyer. It includes details of the past cannabis conviction or charge and the lawyer’s legal payoff on the situation. The purpose of the letter is to identify relevant Canadian law and explain why the person should be deemed admissible to Canada. It is also beneficial to those who are in a pre-sentencing situation before making a final plea. If the defendant has intentions of visiting or moving to Canada, a legal opinion letter can be useful to the defendant and their counsel in determining how to plead.