Drug Possession in Canada: The Law and Entry
Drug possession in Canada falls under the Controlled Drugs and Substances Act (CDSA), and the substance sets the maximum. Possessing a Schedule I drug such as cocaine or fentanyl carries up to 7 years, so a foreign conviction is generally criminality under IRPA s.36(2). Deemed rehabilitation, Criminal Rehabilitation or a TRP can open entry. An officer decides.
$246.25
IRCC’s Criminal Rehabilitation fee for non-serious criminality
$1,231
IRCC’s Criminal Rehabilitation fee for serious criminality
$246.25
IRCC’s Temporary Resident Permit fee, per person
Over a year
How long IRCC says rehabilitation applications can take
The Fee Calculator estimates government fees.
How does Canada classify a drug possession offence?
Canada's Controlled Drugs and Substances Act (CDSA) governs drug offences. CBSA officers map your conviction to its closest CDSA equivalent, then ask what the maximum penalty would have been if the same conduct had happened in Canada. That equivalency exercise, not the sentence you actually received abroad, places you into a criminality tier under IRPA.
The CDSA organizes controlled substances into schedules. The schedule determines the maximum penalty, which in turn determines your IRPA inadmissibility classification.
| CDSA Schedule | Substances | Possession Max (Indictable) | IRPA Classification |
|---|---|---|---|
| Schedule I | Cocaine, heroin, fentanyl, methamphetamine, illicit opioids | 7 years (hybrid) | Criminality: IRPA s.36(2) |
| Schedule II | Synthetic cannabinoids. Cannabis itself was removed from the CDSA in 2018 and is now under the Cannabis Act | 5 years less a day (hybrid). For cannabis, see the Cannabis Act | Criminality: IRPA s.36(2). For cannabis, a dual criminality analysis |
| Schedule III | Psilocybin, LSD, mescaline | 3 years (hybrid) | Non-serious criminality: IRPA s.36(2) |
| Schedule IV | Barbiturates, anabolic steroids | Simple possession not an offence; obtaining from a practitioner without disclosing other prescriptions (s.4(2)) up to 18 months | Non-serious criminality: IRPA s.36(2) |
Schedule IV substances work differently: simple possession is not itself prohibited by s.4(1), but seeking or obtaining them from a practitioner without disclosing other prescriptions from the last 30 days is an offence under s.4(2). It carries up to 18 months on indictment, which also sits in the non-serious tier.
Where does a cocaine, heroin or fentanyl conviction fall?
Possession of Schedule I substances, including cocaine, heroin, methamphetamine, fentanyl, and prescription opioids obtained illegally, is a hybrid offence under CDSA s.4(3)(a) with a maximum of 7 years imprisonment on indictment. For IRPA purposes a hybrid offence is deemed to be indictable (IRPA s.36(3)(a)), so the 7-year ceiling controls.
Because that maximum is below 10 years, simple possession of a Schedule I substance is generally assessed as criminality under IRPA s.36(2), not the more serious s.36(1) tier, which is reserved for equivalent Canadian offences carrying a maximum of at least 10 years. The actual sentence you received abroad, even probation or a fine, does not change this classification. It is the Canadian maximum that matters.
The rule
Possession of a Schedule I substance like cocaine or fentanyl is a hybrid offence with a 7-year maximum.
How are trafficking and production treated?
Drug trafficking (CDSA s.5) and production (CDSA s.7) carry substantially higher maximum penalties than simple possession. For Schedule I, II and III substances the maximum is 10 years or more, which is serious criminality:
- Trafficking Schedule I or II substances, life imprisonment maximum
- Production of Schedule I or II substances, life imprisonment maximum
- Trafficking or production, Schedule III: 10 years maximum. Schedule IV: 3 years maximum, which is criminality under IRPA s.36(2)
If your conviction involved intent to distribute, trafficking, or manufacturing, even if the charge was ultimately reduced to simple possession through a plea agreement, the original circumstances may still be considered by CBSA during your assessment.
Does a cannabis conviction work the same way?
Cannabis possession has been legal in Canada since October 17, 2018, under the Cannabis Act, and cannabis was removed from the CDSA at the same time. Dual criminality means an officer asks whether the conduct underlying your foreign conviction would also be an offence under current Canadian law. If it would not, the conviction may not, on its own, create inadmissibility.
Legalization in Canada is not unlimited, so the analysis turns on exactly what you did, not just the label of the foreign charge:
- Simple cannabis possession (within legal limits) is no longer an offence in Canada
- Exceeding legal possession limits, trafficking, and production remain criminal offences in Canada
- Taking cannabis across the Canadian border in either direction remains an offence (Cannabis Act s.11)
The marijuana and Canada entry guide covers how different amounts and circumstances are assessed.
Which routes open entry, and who decides?
Falling under s.36(2) rather than s.36(1) keeps more pathways open than serious criminality. A visa or border officer makes the final admissibility decision in your case. Timelines run from the day after you fully complete every part of your sentence (custody, probation, fines and conditions).
- Deemed Rehabilitation
- For a single eligible non-serious conviction, you may be deemed rehabilitated, with no application, once at least 10 years have passed since the day after you completed your sentence and the other conditions in the rule are met (IRPA s.36(3)(c) and IRPR s.18(2)(a)). An officer checks the conditions.
- Criminal Rehabilitation
- IRPR s.17 allows an application once 5 years have passed since you completed your sentence. The IRCC fee for non-serious criminality is $246.25 CAD.
- Temporary Resident Permit (TRP)
- A TRP can be requested when there is a justified need to enter before you qualify for rehabilitation. The IRCC fee is $246.25 CAD per person.
Which free tool checks your own case?
- Criminal EquivalencyHow foreign offences line up with Canadian law
- Admissibility ExplorerThe IRPA admissibility grounds, one question at a time
- Rehabilitation CalculatorDeemed rehabilitation and eligibility dates (IRPA s.36)
Free, with no account. What you enter in a tool stays in your browser.
What do people ask?
What are the drug possession laws in Canada?
Drug possession is an offence under section 4 of the Controlled Drugs and Substances Act (CDSA), and the schedule sets the maximum. Schedule I drugs such as cocaine, heroin, fentanyl and oxycodone carry up to 7 years. Schedule II (synthetic cannabinoids) carries up to 5 years less a day, and Schedule III drugs such as psilocybin and LSD carry up to 3 years. Simple possession of a Schedule IV drug is not an offence, and cannabis falls under the Cannabis Act. The rule box on this page links CDSA s.4 on Justice Laws.
Is drug possession in the Criminal Code of Canada?
No. Drug possession, trafficking and production sit in the Controlled Drugs and Substances Act, a separate federal statute: possession is CDSA s.4, trafficking s.5 and production s.7. When you seek entry, an officer maps a foreign drug conviction to its closest CDSA offence and reads that offence's Canadian maximum, whatever sentence you actually received. The Criminal Equivalency page explains that mapping.
Will Canada know about my drug possession conviction?
An officer can ask about it, and the law requires a true answer (IRPA s.16(1)). IRCC says admissibility is first assessed on a visa or eTA application, and the eTA form asks about criminal history. Leaving a conviction out can be misrepresentation under IRPA s.40, which carries its own five-year inadmissibility. The US criminal record guide covers American records.
Does a single cocaine or fentanyl possession conviction make me permanently inadmissible to Canada?
No. Schedule I possession has a 7-year maximum, below the 10-year line, so a single simple-possession conviction is generally criminality under IRPA s.36(2). You may be deemed rehabilitated 10 years after completing your sentence if the other conditions in IRPR s.18 are met, and IRPR s.17 allows an application for Criminal Rehabilitation after 5 years. A TRP can cover travel before then. Signs of trafficking change the assessment. The deemed rehabilitation guide explains the 10-year rule.
What is the difference between deemed rehabilitation and Criminal Rehabilitation for a drug conviction?
Deemed rehabilitation involves no application and no fee: for a single eligible non-serious conviction, you may no longer be inadmissible 10 years after completing your sentence, and an officer checks the conditions (IRPR s.18). It never covers serious criminality such as trafficking. Criminal Rehabilitation is an application you can make 5 years after your sentence ends, for $246.25 CAD in non-serious cases or $1,231 CAD in serious ones. The Criminal Rehabilitation page explains the application.
Is drug trafficking treated differently from possession in Canada?
Yes. Trafficking (CDSA s.5) and production (CDSA s.7) of a Schedule I drug carry up to life imprisonment, so a matching foreign conviction is serious criminality under IRPA s.36(1), where deemed rehabilitation never applies. If a trafficking charge was reduced to possession by plea, Canada maps the conviction as recorded, though an officer may review the original circumstances. The drug trafficking guide covers the options.
Will a drug possession charge that was dismissed or expunged still affect entry to Canada?
It can. IRCC's guide 5312 says a person whose charge was withdrawn or dismissed outside Canada, or who was pardoned there, may be inadmissible, because IRPA s.36 also covers acts committed outside Canada. A final acquittal cannot be the basis of inadmissibility (s.36(3)(b)). IRCC asks for complete details and court records so an officer can decide. The expunged record guide explains how officers read these records.
Can a drug conviction stop me from getting permanent residence or a study or work permit?
Yes. Criminal inadmissibility under IRPA s.36 applies to every stream, so a drug conviction can affect a visitor visa or eTA, a study permit, a work permit and a permanent residence application. The effect depends on the substance, how the offence maps to Canadian law and how much time has passed. An officer decides each application. The work permit with a criminal record guide covers the permit side.
Part of:Criminal record
- Assault & Domestic Violence Entry to Canada
- Reckless Driving Conviction Entry to Canada
- Theft & Shoplifting Conviction Entry to Canada
The textbook on this subject
Volume 1: Entering Canada $79
Six IRPA inadmissibility grounds (s.36 and s.38 to s.42), explained with the official text cited.
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This page is based on law and policy published by the Government of Canada.