Canada is a country that is home to a large and diverse population. There is no question that with such a large population, there is a wide range of different people and needs. These needs and the regulations around them can often be confusing for travellers. The laws you need to know about when travelling to Canada are the laws around cannabis.
Travel to Canada is something a lot of us want to do. It’s like our equivalent to the American dream, except you don’t have to cross the border and move to make it happen: You can just go. The rewards for doing so are manifold, in terms of both the stimulating and relaxing qualities of the Canadian cannabis culture.
Canada is set to become the first G7 nation to legalize recreational cannabis, and users are essentially being asked to sign up for a set of rules which will be enforced by police. Despite the fact that recreational cannabis use is now legal, the rules are rigorous and sweeping, with an emphasis on public safety.. Read more about shipping cbd from us to canada and let us know what you think.
How to go to Canada with a previous marijuana conviction while avoiding a new one.
Cannabis-related offenses may jeopardize a person’s eligibility to enter Canada.
In 2018, Canada made recreational cannabis purchase and use legal. While marijuana is officially legal, it is still heavily controlled. Cannabis-related crimes may jeopardize a foreign national’s eligibility to immigrate to Canada or visit there.
Here are some of Canada’s marijuana laws, as well as some alternatives for cannabis users who have been afoul of the law to avoid inadmissibility.
Marijuana near the border
Marijuana transport from Canada to another nation — or from another country to Canada — is still prohibited. Even though marijuana is legal in both the other nation and Canada, this regulation applies. The sole exemption is for authorized providers who have been granted a permission by the Canadian government. These licenses may only be obtained for medical or scientific purposes.
Travellers must disclose and surrender marijuana at the Canada border in all other circumstances. This prohibition cannot be circumvented by sending or receiving cannabis via the mail. Failure to follow these regulations may result in penalties. Detention, fines, and limitations on one’s ability to enter Canada in the future are all possibilities.
Driving under the influence of marijuana
The dangers of driving while inebriated or under the influence of substances such as prescription medications are well-known. Many individuals, on the other hand, are ignorant of the dangers of driving while high on marijuana.
Impaired driving, especially driving under the influence of marijuana, is a severe offence in Canada. The offenses listed below are all criminal offenses. Fines or jail time may be imposed if the perpetrator is convicted:
- having more than 2 nanograms of cannabis per mL in one’s blood, or having driven within two hours after having more than 2 nanograms of cannabis per mL in one’s blood;
- and, driving in a hazardous manner
- All of these are criminal offenses if you refuse to take a roadside drug or alcohol test.
In Canada, marijuana may be obtained and used in a variety of ways.
In Canada, each province and territory sets the minimum age for cannabis use. Currently, it is 18 in Alberta, 21 in Quebec, and 19 in every other province or territory. It remains prohibited for underage individuals to access cannabis — or for adults to facilitate access.
Adults who use cannabis must do it lawfully. This implies they can only acquire it from a government-licensed shop or source. The maximum quantity of dried cannabis that a person may have in public is 30 grams. Because cannabis may be found in a variety of forms, the Canadian government has devised a technique for converting it. One gram of dried cannabis, for example, is equal to five grams of fresh cannabis. A cannabis converter is available online from the Canadian government. This application enables users to enter and convert various quantities and types of marijuana in order to stay under the legal limit. The calculator may be found here.
Criminal records with cannabis
Certain formerly prohibited marijuana-related activities were made legal by the Cannabis Act. Individuals from outside Canada who want to go to Canada will be affected by this move. This is due to Canada’s stringent admission requirements for individuals with criminal histories from other countries. In certain situations, Canada compares foreign legislation to its own. The individual may have an issue if something is illegal in both nations. If the conduct is not illegal in Canada, there should be no problem.
Since public possession of up to 30 grams of dried cannabis (or equivalent) is now legal in Canada, a foreign criminal charge or conviction for mere possession of amounts up to this level should not pose a problem. However, if the person was charged or convicted outside Canada of acts that remain illegal in Canada, they may face hurdles entering. The nature, number, and date of their crime will determine if the individual is admissible or not.
Getting Past Inadmissibility
In general, there are three options for dealing with inadmissibility:
Temporary Resident Permit (TRP): This document allows someone who is otherwise criminally ineligible to enter Canada for a limited period of time. The tourist may apply for a TRP at a Canadian embassy or border if they are an American citizen or permanent resident. A TRP may be valid for as little as one day or as long as three years. It may be valid for just one entrance into Canada, or it could be valid for numerous entries. These aspects will vary depending on the reason for the trip to Canada. When it comes to calculating the validity duration of a TRP, reviewing officers have a lot of leeway. The most essential aspect is typically the reason for entering Canada.
Criminal rehabilitation is the process of restoring permanent admissibility to someone who was previously ineligible. Eligibility is determined by criteria such as the offense committed, the sentence served, and the amount of time since the sentence was completed. If you were convicted of a crime or crimes in another country and your sentence was completed more than five years ago, you are likely eligible for Canadian criminal rehabilitation. Criminal rehabilitation is a one-time remedy that does not need renewal, unlike a TRP.
This process requires at least five years to have passed since completion of the sentence. This means that for some recent marijuana cases, TRP will be the only pathway for someone who wants to come to Canada. For example, if someone drove under the influence of weed after October 17, 2018, they are inadmissible to Canada on serious criminality grounds. Not enough time will have passed since the act or sentencing to be eligible for rehabilitation.
To summarize, just because marijuana is legal in Canada does not imply that anybody who has ever been charged with a cannabis-related offense is free to cross the border. Those who have, though, should not assume that their Canadian dream is over.
A legal opinion letter, which is a document prepared by a Canadian immigration lawyer, is another remedy for a possible Inadmissibility problem. It includes information on a previous marijuana charge or conviction, as well as the lawyer’s legal opinion on the matter. The letter’s aim is to highlight relevant Canadian legislation and explain why the individual should be considered admitted to Canada. A legal opinion letter may be useful for your future journey into Canada if you have been refused entry in the past due to a marijuana-related conviction (such as possession of paraphernalia), had a recent charge, or acknowledged marijuana usage at a port of entry. Before entering a final plea, individuals in a pre-sentencing scenario may benefit from a legal opinion letter. A direct equivalence of a certain cannabis-related offense into Canadian law may be explained in the letter.
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