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Guide · Canada and United States

Cannabis at the Canada-US border: what CBSA and CBP say

Last verified 5 official sources

General information, not official or legal advice. Customs, immigration and border rules change and every situation is different. Check the linked official sources and the agency’s current page before you travel. This site is not affiliated with CBP, the CBSA, DHS or any government.

Short answer

According to the CBSA and CBP, cannabis that is legal in Canada or in a US state is still not allowed across the border. The CBSA says transporting cannabis in any form, including oils with THC or CBD, without a Health Canada permit or exemption is a serious criminal offence regardless of quantity or medical documents, and it must be declared.[1] CBP says marijuana remains illegal under US federal law and that arriving at a US port of entry with it may result in seizure, fines, arrest and may affect admissibility.[2]

Steps

  1. The CBSA's position is "Don't bring it in. Don't take it out."[1]
  2. The CBSA says anyone entering Canada with cannabis in any form must declare it, with true, accurate and complete information including quantity and type.[3]
  3. The CBSA says travellers should have the proper permits, licences or exemptions with them and keep cannabis products easily accessible for examination.[3]
  4. The CBSA's declaration rule includes CBD products made from cannabis or hemp.[3]
  5. Entering the US: CBP says it processes travellers under federal law at ports of entry, regardless of state or Canadian legality.[2]
At a glance
ItemDetailSource
Canada: legal status of crossing the border with cannabisSerious criminal offence without a Health Canada permit or exemption, regardless of quantity or medical document[1], read 2026-10-20
Canada: declarationMust declare any cannabis or cannabis products, including CBD made from cannabis or hemp, no matter the quantity[3], read 2026-10-20
Canada: monetary penalty (undeclared)Up to $2,000 CAD; amount depends on offence type, severity and history[3], read 2026-10-20
Canada: who issues permitsHealth Canada only, for limited medical, scientific or industrial hemp purposes[1], read 2026-10-20
Canada: review window for a penalty90 calendar days from the notice[3], read 2026-10-20
US: federal statusMarijuana remains illegal under federal law, medical or recreational[2], read 2026-10-20
US: possible consequencesSeizure, fines and/or arrest; may impact admissibility[2], read 2026-10-20
Trusted traveller impactCBSA penalty can lead to NEXUS/FAST rejection or cancellation[3], read 2026-10-20

Entering Canada with cannabis

The CBSA says the Cannabis Act strictly regulates cannabis in Canada, but transporting it across the border in any form, including oils containing THC or CBD, without a permit or exemption authorized by Health Canada, remains a serious criminal offence subject to arrest and prosecution. This applies regardless of the amount, a medical document, or whether you are coming from a place where cannabis is legal or decriminalized. If you do have cannabis entering Canada you must declare it, and not declaring it can lead to arrest and prosecution.[1]

Leaving Canada

The CBSA also says you may not take cannabis out of the country; you may face criminal charges if you attempt to travel to other countries with any amount.[1] Only Health Canada can issue permits or grant exemptions to import or export cannabis, and does so under very limited circumstances: medical, scientific or industrial hemp purposes.[1]

The monetary penalty

The CBSA says that since March 29, 2021, failing to declare cannabis may bring a monetary penalty, with penalties of up to $2,000 CAD. An officer issues a Notice of Penalty Assessment listing the offence and amount, based on the type of offence (undeclared cannabis, inaccurate information), its severity (concealed cannabis, quantity) and your history of non-compliance. The penalty becomes payable on the day the notice is served; interest accrues if not paid within 30 days. You may request a correction within 90 days (if errors are evident to both parties) or a formal review within 90 calendar days.[3] The monetary penalty is a separate matter from the arrest and prosecution the CBSA also describes for transporting cannabis without a permit or exemption.[1] A penalty may lead to rejection or cancellation of a NEXUS or FAST membership.[3]

Health Canada and controlled substances

Health Canada's page covers travelling with controlled substances such as certain opioids and stimulants. For those it allows up to a 90-day supply, labelled and prescribed, declared at customs.[4] The page does not mention cannabis.

Entering the United States

CBP's statement says marijuana is a controlled substance under federal law and the sale, possession, production, distribution or facilitation of medical and recreational marijuana remains illegal under federal law. Because federal law prohibits importation and exportation, crossing the border or arriving at a US port of entry with marijuana may result in seizure, fines or arrest, and may impact admissibility. CBP officers process travelers according to federal law and the Immigration and Nationality Act, and determinations about admissibility and enforcement are made by the officer based on the facts known at the time.[2] The page was last modified 2023-08-23; its text was written ahead of the Canadian legalization date of October 17, 2018.[2] Its Canada and Mexico travel page repeats a zero-tolerance policy on illegal drugs, with possible fines, vehicle seizure, a federal record and imprisonment.[5]

What we did not find

We did not find an official page giving a "safe quantity" of cannabis or CBD for either border, and the CBSA says the prohibition applies regardless of amount.[1] This topic can affect admissibility and criminal exposure, and this guide is not legal advice. The CBSA cannabis page was last modified 2021-03-26 and the CBP statement text dates from 2018, so check the current agency pages.

About this guide

Officers decide at the border; this is general information, not official guidance. travel.tnaado.ca is not affiliated with CBP, CBSA, DHS or the Government of Canada.

Frequently asked questions

Can I bring CBD oil into Canada?

The CBSA says transporting cannabis in any form, including oils containing THC or CBD, without a Health Canada permit or exemption is a serious criminal offence, and its penalty page tells travellers to declare CBD products made from cannabis or hemp.[1][3]

Does a medical prescription change this?

The CBSA says the prohibition applies regardless of whether you hold a medical document authorizing cannabis use.[1]

Is cannabis legal for me to take into the US from Canada?

CBP says no: it remains illegal under federal law, even where legal locally.[2]

What is the penalty for not declaring in Canada?

Up to $2,000 CAD per the CBSA, with the amount set by offence type, severity and history.[3]

Can I dispute a penalty?

The CBSA lists a correction request and a formal review, each within 90 days.[3]

Who can grant an exemption?

Only Health Canada, per the CBSA.[1]

Sources

  1. CBSA, Cannabis (page dated 2021-03-26). https://www.cbsa-asfc.gc.ca/travel-voyage/cannabis-eng.html. Read 2026-10-20.
  2. CBP, CBP Reminds Travelers from Canada that Marijuana Remains Illegal in the United States (page modified 2023-08-23). https://www.cbp.gov/travel/clearing-cbp/cbp-reminds-travelers-canada-marijuana-remains-illegal-united-states. Read 2026-10-20.
  3. CBSA, Penalties for cannabis offences. https://www.cbsa-asfc.gc.ca/travel-voyage/penalties-sanctions-eng.html. Read 2026-10-20.
  4. Health Canada, Travelling into and out of Canada with medications that contain controlled substances or Class A precursors (page dated 2026-10-01). https://www.canada.ca/en/health-canada/services/health-concerns/controlled-substances-precursor-chemicals/controlled-substances/compliance-monitoring/travelling-into-and-out-of-canada-with-prescription-medication-containing-controlled-substances.html. Read 2026-10-20.
  5. CBP, Canada and Mexico Travel (page modified 2026-01-26). https://www.cbp.gov/travel/us-citizens/canada-mexico-travel. Read 2026-10-20.