Despite cannabis being legal in Canada and in many US states, transporting cannabis across the Canada-US border is a federal criminal offence in both countries. Here's what that means for your supply chain.
One of the most frequently asked questions in cannabis logistics is whether cannabis can be transported across the Canada-US border — and the answer is an unambiguous no. Despite cannabis being legal for adult use in Canada under the Cannabis Act, and legal at the state level in many US jurisdictions, cannabis remains a Schedule I controlled substance under US federal law. Transporting cannabis across an international border is a federal criminal offence under both Canadian and American law, regardless of the legality at the provincial or state level.
Why Provincial or State Legality Doesn't Change the Rule
Cannabis legality in Canada exists at the federal level — the Cannabis Act is federal legislation. In the United States, cannabis legality exists only at the state level. The federal government of the United States, which controls border crossings and international trade, treats cannabis as a Schedule I controlled substance with no exceptions for state-legal product. This means that regardless of whether a shipment is moving from a Canadian province where cannabis is legal to a US state where cannabis is legal, the crossing itself is governed by federal law in both countries — and both countries' federal law prohibits it.
Consequences of Attempting to Cross Cannabis Across the Border
- Seizure of the entire shipment by CBSA (Canada Border Services Agency) or US CBP (Customs and Border Protection)
- Criminal charges under the Controlled Drugs and Substances Act (Canada) and/or the Controlled Substances Act (US)
- Permanent inadmissibility to the United States for individuals involved in the attempt
- Loss of Health Canada licence for the licensed producer
- Severe reputational and regulatory consequences for the business
This Applies to All Cannabis Products — Including CBD
A common misconception is that CBD-dominant products or hemp-derived products are exempt. They are not. Canadian cannabis products — including those with minimal or zero THC — are classified as cannabis under the Cannabis Act and as controlled substances under US federal law. Hemp-derived CBD with less than 0.3% THC has a separate and complex legal status in the US, but Canadian cannabis products do not fall cleanly into that category and should never be transported cross-border.
What This Means for Your Freight Broker Relationship
A legitimate cannabis freight broker in Canada will never quote or arrange transportation for cannabis shipments crossing the Canada-US border. If you're working with a broker who suggests this is possible or offers to arrange it, that is a serious red flag. Compliant cannabis freight brokers operate exclusively within Canada's interprovincial transportation network and coordinate with licensed provincial distributors — they do not facilitate cross-border cannabis movement.
Cross-Border Freight for Non-Cannabis Products
If your business ships both cannabis and non-cannabis products, cross-border freight for your non-cannabis lines operates normally through standard Canada-US freight channels. OTR Logistics Solutions coordinates cross-border freight for non-cannabis products through the standard broker and carrier model — but cannabis freight, by law, stays within Canada.
Frequently Asked Questions
Is cannabis legal to transport across the Canada-US border if it's legal in both jurisdictions?
No. Despite cannabis being legal in Canada under the Cannabis Act and legal at the state level in many US states, transporting cannabis across the international border is a federal criminal offence under both Canadian and US federal law. The legality at the provincial or state level does not override federal border law.
What about hemp or CBD products — can those cross the border?
Canadian cannabis products, including those with low or zero THC, are regulated under the Cannabis Act and classified as controlled substances under US federal law. They should not be transported across the Canada-US border. Hemp-derived CBD is a separate and complex area of US law — consult legal counsel before attempting any cross-border movement of any cannabis-derived product.
Can OTR Logistics Solutions arrange cross-border cannabis freight?
No. OTR Logistics Solutions does not arrange or facilitate cannabis transportation across the Canada-US border. We coordinate cannabis freight exclusively within Canada's interprovincial transportation network. For cross-border freight involving non-cannabis products, OTR Logistics Solutions can help — but cannabis stays in Canada.
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