Canadians are aware that cannabis has become legalized in Canada but there are many cannabis laws and rules of which people are not aware. For instance, not only can you be penalized for driving while high but there are also restrictions around carrying marijuana (medicinal and non-medicinal) in your vehicle and travelling with it across the border.
Adults are allowed to operate a car containing marijuana, but only if the marijuana is either still in its original packaging or not accessible by the driver and passengers, such as being located in the trunk.
A driver cannot consume marijuana while operating a car and the driver cannot operate a car while a passenger is smoking or vaping marijuana in the car. Passengers are not allowed to consume marijuana while in a car being operated by another individual.
However, if you are planning on travelling across the border, you may want to rethink your decision of carrying any marijuana (this includes medicinal and non-medicinal) with you.
It is illegal to take marijuana and anything containing marijuana across the border to any country. That includes entering and leaving Canada. Just because cannabis is now legal in Canada, it does not mean that the border rules have changed. The border rules still do not allow you to take or bring marijuana across the border. For instance, it is still illegal to take marijuana across the border from Canada to the U.S. even if it is to a state that has legalized cannabis, the same way it is illegal to bring marijuana into Canada even though cannabis is legalized in Canada.
The penalty for breaking any of the above noted rules varies from violation tickets and fines to legal prosecution and imprisonment.
In August 2019 CBC covered a story about a woman facing a lifetime ban from entering the U.S. due to possession of medicinal CBD oil while crossing the border. This type of situation can be prevented with awareness.
As a team of experienced lawyers representing individuals injured in motor vehicle accidents, we here at STA keep up with the law and it is important for us that you are also kept well informed.
So, the next time you are in a vehicle or crossing a border, make sure you are not breaking any laws.