A US cannabis conviction and entering Canada: when legalization helps, when it doesn’t, and your options

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 11, 2026

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.

Updated November 10, 2026: section 36 of the Act, sections 10 to 12 of the Cannabis Act, CBSA’s cannabis guidance and IRCC’s fees (modified September 21, 2026) checked that day.

If you have a US conviction for a cannabis offence, Canada’s legalization of cannabis in 2018 may or may not help you at the border. Canada assesses a foreign conviction by asking what offence it would be if it had happened in Canada. Simple possession of a small amount for personal use is now legal for adults here, so a conviction for that conduct may no longer make you inadmissible. But selling, growing beyond the legal limits, possession for the purpose of trafficking, and taking cannabis across a border are still serious crimes under the Cannabis Act, with maximum sentences of 14 years. Those convictions still count, and so does trying to bring cannabis into Canada.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, helps US travellers with criminal records get temporary resident permits and criminal rehabilitation; this guide is by Sundeep S. Grewal.

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How does Canada treat a US cannabis conviction?

• The test is equivalence: under section 36 of the Act, a conviction outside Canada counts if the offence “would constitute an offence” under a federal law if committed in Canada.
• The comparison is with Canadian law today: for a new assessment, the question is whether the conduct behind the US conviction would be an offence under current Canadian federal law. A change in Canadian law, like cannabis legalization, can remove the basis for inadmissibility.
• Possession: possessing a personal amount is legal for adults in Canada, but the Cannabis Act still makes it an offence to knowingly possess illicit cannabis in any amount. So whether an old possession conviction still counts depends on whether the possession itself would be lawful in Canada today.
• Selling, production and import or export: still offences under sections 10 to 12 of the Cannabis Act, each with a maximum of 14 years on indictment. That makes them serious criminality.
• At the border: CBSA says taking cannabis across the border without authorization is a serious criminal offence, “regardless of quantity”, and foreign nationals who commit certain cannabis offences on entering Canada “continue to be inadmissible”.

Why this needs a lawyer

One lawyer, one file, every step:

• reading the US charging document and judgment against the Canadian offences;
• a written opinion you can carry if the conviction no longer counts;
• a temporary resident permit for a trip that cannot wait;
• criminal rehabilitation once you are eligible.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

What are my options?

1. Get the court records: the charging document, the plea, the judgment and proof the sentence is complete. The exact offence and amount matter.
2. If the conduct is now legal in Canada, carry the records and a short legal explanation when you travel.
3. If it still counts, a temporary resident permit for a specific trip with a good reason.
4. Criminal rehabilitation, once at least five years have passed since the whole sentence was completed.
5. Deemed rehabilitation may apply to an old, single offence with a Canadian maximum under 10 years. Trafficking-type offences carry 14 years, so they do not qualify.

A US cannabis conviction at a glance

Worked example: the old possession conviction

Example. A Spokane resident was convicted in 2012 of possessing a small amount of marijuana and paid a fine. In 2026 he plans a fishing trip to BC. He gets the court record showing the charge, the amount and the facts. His lawyer compares them with current Canadian law, including whether the possession would be lawful here today, and writes a short letter explaining the result. He carries both, answers CBSA’s questions honestly, and leaves any cannabis at home.

Mistakes I have seen

• I have seen travellers assume every cannabis conviction stopped counting in 2018.
• I have seen travellers bring a vape pen or edibles “because it’s legal in both places”.
• I have seen travellers answer “no” to the criminal record question because the state later legalized cannabis or sealed the record.

Frequently asked questions

My state expunged my cannabis conviction. Am I clear?

Not automatically. Canada looks at what happened and how the conviction was resolved. Bring the expungement order and the original records.

Can I bring medical cannabis?

No. CBSA says a medical authorization in any country, including Canada, does not let you take cannabis across the border.

Will CBSA ask whether I have used cannabis?

CBSA asks whether you are bringing cannabis. Past use in a place where it is legal is not itself a ground of inadmissibility to Canada, but answer every question truthfully.

Related guides

See our guides on entering Canada with a misdemeanor, temporary resident permits for Americans, being turned back at a BC crossing and a US ban over a cannabis job or admitted use.

What should I do right now?

Get your court records and note the exact offence, amount and sentence. Check when the sentence was completed. Don’t travel with any cannabis, and get advice before an important trip.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Immigration and Refugee Protection Act, s. 36 (current to October 19, 2026)
• Cannabis Act, ss. 10–12 (current to October 19, 2026)
• CBSA: Cannabis and the border
• IRCC: Fee list (modified September 21, 2026)

This article is general information, not legal advice. Every case depends on its own facts.