Marijuana Laws in Canada and Entering With a Record

Cannabis is legal in Canada under the Cannabis Act, but a foreign marijuana conviction can still matter. Simple possession of a small amount may no longer have a Canadian equivalent, so it may cause no inadmissibility. Trafficking, production and import or export still map to Cannabis Act offences with a 14-year maximum, which is serious criminality. An officer decides.

See how a cannabis offence maps to Canadian law with Criminal Equivalency

Last verified: November 2026

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How does Canada judge a foreign marijuana conviction?

IRPA s.36(2)(b) renders a foreign national inadmissible if they were convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences from separate events that would be offences under an Act of Parliament. An offence that can be prosecuted either way counts as indictable (IRPA s.36(3)(a)).

Canada legalized recreational cannabis on October 17, 2018, when the Cannabis Act came into force. An adult may now lawfully possess up to 30 grams of legal dried cannabis (or its equivalent) in a public place, so possession within that limit is no longer a criminal offence in Canada.

IRCC’s pages on criminal inadmissibility state no rule for a possession conviction from before legalization, and an officer decides. The answer rests on Canadian federal law. US state law, US federal law and the laws of your country at the time of conviction do not decide it.

The rule

Because simple possession of cannabis within legal limits is no longer an offence in Canada, a foreign conviction for simple possession may no longer have a Canadian criminal equivalent.

IRPA s.36(2)(b)Verify on justice.gc.ca

Which marijuana offences still cause problems?

Cannabis legalization in Canada did not legalize all cannabis activity. These offences still have Canadian criminal equivalents and can still render you inadmissible. The Canadian maximum decides, not the sentence given.

How marijuana offences map to Canadian law
Foreign offence type	Canadian equivalent	Inadmissibility impact
Simple possession (small personal amounts)	Possibly no Canadian equivalent (legal in Canada)	May be inadmissibility-free, requires analysis
Possession for purpose of trafficking	Cannabis Act s.9(2) or s.10(2), possession for the purpose of distributing or selling, up to 14 years on indictment	Serious criminality: IRPA s.36(1)
Trafficking / distribution / sale	Cannabis Act s.9 (distribution) and s.10 (selling), up to 14 years on indictment	Serious criminality: IRPA s.36(1)
Production / cultivation (commercial)	Cannabis Act s.12, unlicensed production, up to 14 years	Serious criminality: IRPA s.36(1)
Import / export	Cannabis Act s.11, up to 14 years indictable	Serious criminality: IRPA s.36(1)
Possession in public above the limit (more than 30 g dried, or the equivalent)	Cannabis Act s.8, up to 5 years less a day on indictment	Criminality: IRPA s.36(2)

Can time clear an old possession conviction?

If CBSA determines that your foreign simple possession conviction has no current Canadian criminal equivalent, you may no longer be inadmissible at all.

Even where some inadmissibility remains, deemed rehabilitation under IRPA s.36(3)(c), as set out in IRPR s.18, may apply to older convictions that map to a non-serious (ordinary) criminality offence. It involves no application and no fee, and an officer checks whether the conditions in IRPR s.18(2) are met. It is not available for serious criminality, so it would not help a trafficking, production, or import/export conviction.

The general requirements are:

No more than one conviction that would be indictable in Canada
A Canadian maximum under 10 years
At least 10 years since the day after the sentence was completed, with none of the other convictions listed in IRPR s.18(2)(a)

Does working in the cannabis industry affect entry?

IRPA has grounds that need no conviction: an act outside Canada that is an offence where it was committed and would be an indictable offence in Canada (s.36(1)(c) and s.36(2)(c)), and organized criminality (s.37).

No IRCC or CBSA page read for this guide names work in a licensed cannabis business abroad as a ground of inadmissibility, and none says it is safe.

The tests in the Act point to questions such as:

Whether the work is an offence in the place where it is done
Whether you are personally involved in activities that would be an indictable offence in Canada
Whether you have a financial interest in, or profit from, unlicensed cannabis activity

No official page states a rule for an accountant, store clerk, or logistics coordinator at a licensed cannabis dispensary in a US state, so an officer decides on the facts.

What happens at the border, and who decides?

The officer applies the equivalency test and decides. Officers still have discretion and can ask for court records.

Where a conviction maps to serious criminality, two paths usually exist: a Temporary Resident Permit for time-limited travel, or Criminal Rehabilitation 5 years after all sentence conditions end. You can ask for a TRP before you travel, within a visa or permit application or through IRCC’s web form, or at the border. IRCC does not publish approval rates for either route.

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What do people ask?

Is marijuana legal in Canada?

Yes, for adults, since October 17, 2018, when the Cannabis Act came into force. An adult may possess up to 30 grams of dried cannabis, or its equivalent, in a public place, and possession above that limit can be an offence carrying up to 5 years less a day. Taking cannabis across the border in either direction stays illegal. The drug possession guide covers other controlled substances.

Cannabis is legal in Canada, so does my old marijuana conviction still matter?

It depends on the offence. Simple possession of a small amount may no longer have a Canadian criminal equivalent, which can remove inadmissibility entirely. Trafficking, production and distribution still map to Cannabis Act offences that can make you inadmissible. IRPA s.36 asks what the offence would be if committed in Canada, and an officer decides. The Criminal Equivalency page shows how a foreign offence maps to Canadian law.

My state legalized marijuana. Does that help at the Canadian border?

No. CBSA assesses inadmissibility under Canadian law, and US state law plays no part. The only question is what your conduct would amount to if it had happened in Canada. A simple possession conviction from before your state legalized cannabis may fare better than a distribution conviction from after it. The US criminal record guide explains how CBSA reads American records.

I was convicted of simple possession in 2012. Can I enter Canada now?

Possibly. If your conviction maps only to simple possession within legal limits, there may be no current Canadian criminal equivalent, so IRPA s.36 may not apply. Officers still have discretion and can ask for court records, so carry them. Where some inadmissibility remains, deemed rehabilitation may apply once 10 years have passed since the sentence ended, if the other conditions in IRPR s.18 are met. The deemed rehabilitation guide explains that rule.

I was convicted of marijuana trafficking. Can I enter Canada?

A trafficking or distribution conviction generally maps to Cannabis Act s.9 (distribution) or s.10 (selling), each with a 14-year maximum, so it is serious criminality under IRPA s.36(1). Two paths usually exist: a Temporary Resident Permit for time-limited travel, or Criminal Rehabilitation 5 years after all sentence conditions end, for CAD $1,231. An officer makes the final decision. The TRP vs Criminal Rehabilitation guide compares both routes.

I work in a licensed cannabis dispensary in the US. Am I admissible to Canada?

No IRCC or CBSA page read for this guide names work in a licensed cannabis business as a ground of inadmissibility, and none says it is safe. The Act's tests turn on what a person did: an act that is an offence where it was done and would be indictable in Canada (IRPA s.36(1)(c), s.36(2)(c)), or organized criminality (s.37). An officer decides on the facts. The Admissibility Explorer shows which IRPA grounds apply.

Can I bring cannabis across the Canadian border if it is legal where I live?

No. Taking cannabis across the Canadian border in either direction is illegal, whatever the amount, whether it is medical or recreational, and whether cannabis is legal where you live. CBSA calls it a serious criminal offence, punishable by up to 5 years in prison under the Customs Act and up to 14 years under the Cannabis Act. Medical cannabis can cross only with authorization from Health Canada and from each country you visit or pass through. Declare any cannabis you have to a border officer. The CBSA declaration guide explains what to declare.

Does a marijuana conviction need to be disclosed even if I think it no longer counts?

Generally yes. Knowingly withholding or misstating a material fact, including a past conviction, can lead to inadmissibility for misrepresentation under IRPA s.40, which lasts 5 years and is outside criminal rehabilitation. Disclose the conviction and let the officer apply the equivalency analysis, with your court records in hand. The IRPA s.40 page in the law explorer sets out the misrepresentation rule.

Part of:Criminal record

Official sources

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