Drug Trafficking and Canada: Can You Enter?

In Canada, trafficking a Schedule I or II drug carries up to life under CDSA s.5(3), and Schedule III or V up to 10 years. So a foreign trafficking conviction is usually serious criminality under IRPA s.36(1), and time alone usually will not clear it. Criminal Rehabilitation opens 5 years after the sentence ends, and a TRP can cover urgent travel. A CBSA or IRCC officer decides.

See how the offence matches Canadian law with Criminal Equivalency

Last verified: November 2026

$1,231
IRCC’s Criminal Rehabilitation fee for serious criminality
$246.25
IRCC’s Criminal Rehabilitation fee for non-serious criminality
$246.25
IRCC’s Temporary Resident Permit fee, per person
Over a year
How long IRCC says rehabilitation applications can take

Confirm the current fee on IRCC before you apply. The Fee Calculator shows both rehabilitation tiers.

Why is most drug trafficking serious criminality?

Canadian admissibility uses the equivalency principle: CBSA and IRCC map a foreign conviction to the closest Canadian equivalent offence and look at the maximum penalty attached to it. The inadmissibility tier is set by that maximum, not by the sentence you actually received. So a short, or even a suspended, sentence can still fall into serious criminality if the Canadian equivalent carries a maximum of 10 years or more.

Drug trafficking in Canada is governed by the Controlled Drugs and Substances Act (CDSA). CDSA s.5(1) bars trafficking in any substance included in Schedule I, II, III, IV or V, or in any substance held out to be one. CDSA s.5(2) bars possessing such a substance for the purpose of trafficking.

Most trafficking cases involve Schedule I or II substances (life maximum) or Schedule III or V substances (10-year maximum on indictment), so they fall into serious criminality. Trafficking limited to a Schedule IV substance carries only a 3-year maximum, below the 10-year threshold. It is still criminality under IRPA s.36(2)(b), because an offence that can be prosecuted either way counts as indictable (s.36(3)(a)).

The rule

For a foreign national convicted outside Canada, an equivalent Canadian offence punishable by a maximum of at least 10 years triggers serious criminality under IRPA s.36(1)(b).

IRPA s.36(1)(b)Verify on justice.gc.ca

Which CDSA schedule was the substance in?

The CDSA schedule of the substance sets the maximum trafficking penalty under CDSA s.5(3), and therefore the inadmissibility tier. The example substances are illustrative: legal scheduling is technical and can change over time, and an officer confirms any specific classification.

Synthetic or novel substances may not map precisely to a CDSA schedule. Criminal Equivalency shows how foreign offences are matched.

Maximum trafficking penalties under CDSA s.5(3), by schedule
CDSA Schedule	Examples	Max trafficking penalty (s.5(3))	IRPA tier
Schedule I	Heroin, cocaine, fentanyl, methamphetamine, MDMA, most opioids	Life	Serious criminality s.36(1)
Schedule II	Synthetic cannabinoids (cannabis itself moved to the Cannabis Act in 2018)	Life	Serious criminality s.36(1)
Schedule III	LSD, psilocybin, mescaline, methylphenidate (amphetamines and MDMA moved to Schedule I in 2012)	10 years (indictable) / 18 months (summary)	Serious criminality s.36(1)
Schedule IV	Barbiturates, benzodiazepines, anabolic steroids	3 years (indictable) / 1 year (summary)	Generally criminality s.36(2), not serious criminality
Schedule V	Substances the Minister of Health adds by order for up to a year at a time	10 years (indictable) / 18 months (summary)	Serious criminality s.36(1)

What routes are open after a trafficking conviction?

Temporary Resident Permit (TRP), IRPA s.24(1): A TRP can let an otherwise inadmissible person enter or stay in Canada when an officer is satisfied it is justified in the circumstances. There is no minimum waiting period, so it is the only realistic option soon after a conviction or while a rehabilitation application is pending. The officer weighs your need to enter against the risk you may present. The fee is $246.25 per person, and a TRP may be issued for as little as one day or for up to 3 years, only for the stated purpose. It does not resolve the underlying inadmissibility.
Criminal Rehabilitation, IRPA s.36(3)(c): It removes the ground of inadmissibility, so the conviction it covers no longer bars entry. You can apply once at least 5 years have passed since you completed all parts of the sentence: custody served, probation or parole ended, fines paid. The clock starts when the last part is completed, not on the conviction date. There must be no conviction for a later offence, apart from the exceptions in IRPR s.17.

The rehabilitation fee is $1,231 for serious criminality and $246.25 for non-serious criminality. IRCC says these applications can take over a year to process, and that a stand-alone application goes by mail or courier to the visa office responsible for your region.

An officer decides a TRP, and the Minister or a delegate decides rehabilitation.

How does trafficking differ from possession?

Drug trafficking and drug possession side by side
Factor	Drug possession	Drug trafficking
CDSA reference	s.4 (simple possession)	s.5 (trafficking / possession for the purpose of trafficking)
IRPA tier	Depends on schedule and how the offence is treated	Serious criminality (s.36(1)) for Schedule I, II, III or V. Schedule IV only is generally s.36(2)
Deemed rehabilitation	May be possible for a non-serious offence after the prescribed period	Generally not available (serious criminality). The Schedule IV-only exception may qualify
Criminal Rehabilitation fee	Depends on classification	Serious criminality fee ($1,231)

The Drug Possession guide covers the separate possession offence in CDSA s.4.

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What do people ask?

What is the penalty for drug trafficking in Canada?

It depends on the drug’s schedule. Under CDSA s.5(3), trafficking a Schedule I or II substance, such as cocaine, heroin or fentanyl, carries up to life in prison. Schedule III or V carries up to 10 years on indictment, and Schedule IV up to 3 years. Illegal cannabis sales fall under the Cannabis Act, with up to 14 years. These maximums set the immigration tier. The Criminal Equivalency page shows how offences are matched.

Is drug trafficking in the Criminal Code of Canada?

No. Drug trafficking is set out in the Controlled Drugs and Substances Act (CDSA), mainly section 5, and cannabis trafficking in the Cannabis Act. CDSA s.5(1) bars trafficking in any Schedule I to V substance, and s.5(2) bars possessing one for the purpose of trafficking. For entry, an officer matches a foreign conviction to these offences. The Drug Possession guide covers the separate possession offence in CDSA s.4.

What counts as drug trafficking in Canada?

Under CDSA s.2(1), to traffic means “to sell, administer, give, transfer, transport, send or deliver the substance,” to sell an authorization to obtain it, or to offer to do either, outside the regulations. Giving a drug away can count. A US conviction for possession with intent to distribute can match possession for the purpose of trafficking, CDSA s.5(2), which carries the same maximums. The Criminal Equivalency page explains the matching.

I was convicted of drug trafficking 12 years ago. Can I enter Canada now?

Not automatically. Most trafficking convictions are serious criminality, and deemed rehabilitation never covers serious criminality, so time alone usually will not clear it. Once 5 years have passed since you completed every part of the sentence, you can apply for Criminal Rehabilitation; the serious criminality fee is $1,231 CAD. A Temporary Resident Permit can cover an urgent trip in the meantime. An officer decides. Our Criminal Rehabilitation page explains the application.

Does the sentence I received determine whether I am inadmissible?

No. The tier turns on the maximum penalty of the matching Canadian offence, not the sentence the foreign court imposed. A 1-year or suspended sentence for trafficking still maps, in most cases, to a CDSA offence with a 10-year or life maximum, which is serious criminality under IRPA s.36(1). Your actual sentence and conduct since can still count in your favour in a TRP or rehabilitation file. The Rehabilitation Calculator shows the waiting periods.

My drug trafficking conviction was for marijuana. Does cannabis legalization help?

Usually not. Cannabis left the CDSA when the Cannabis Act came into force in October 2018, but selling or distributing cannabis outside the legal system is still an offence. Prosecuted by indictment, it carries up to 14 years, above the 10-year line in IRPA s.36(1). So a foreign cannabis trafficking conviction generally still means serious criminality. Possession of small amounts is treated very differently; the Drug Possession guide covers it.

What is the difference between a TRP and Criminal Rehabilitation for a trafficking conviction?

A Temporary Resident Permit (IRPA s.24(1)) is a temporary bridge: it can cover a specific trip with no waiting period, lasts up to 3 years and leaves the inadmissibility in place. Criminal Rehabilitation (IRPA s.36(3)(c)) removes the ground of inadmissibility, but you can apply only once 5 years have passed since the whole sentence was completed. A TRP can cover travel in the meantime. An officer decides a TRP, and the Minister or a delegate decides rehabilitation. The Temporary Resident Permit page explains the permit.

Does a dismissed or withdrawn drug trafficking charge make me inadmissible?

It may. IRCC says a person whose charges were withdrawn or dismissed outside Canada may be inadmissible, because IRPA s.36 also covers committing an act outside Canada that is an offence in both places (s.36(1)(c), s.36(2)(c)). A final acquittal cannot be the basis of inadmissibility (s.36(3)(b)). An officer decides. A charge that is still pending is a different case. The Dismissed Charges guide and the Pending Criminal Charges guide explain both situations.

Part of:Criminal record

Official sources

This page is based on law and policy published by the Government of Canada.