Importation and Exportation of Cannabis, Controlled Substances and Precursors
Memorandum D19-9-2

ISSN 2369-2391

Ottawa, December 24, 2018

This document is also available in PDF (381 Kb) [help with PDF files]

1.   The Cannabis Act and its regulations (not pertaining to police enforcement) are administered by Health Canada, and establish a legislative framework to provide restricted access to cannabis and control its production, distribution, sale, import, export and possession. Under the Cannabis Act, it is illegal to import into Canada, or export from Canada, cannabis without a valid permit or exemption, issued by Health Canada. The illegal importation and exportation of cannabis is a serious offence.

2.   The Controlled Drugs and Substances Act (CDSA) and its regulations are administered by Health Canada, and establish a legislative framework that regulates the possession, import, export, production, assembly, distribution, sale, transport, provision, sending and delivery of controlled substances and precursors that can be used in the manufacture of illegal drugs. All activities are prohibited unless authorized by the Act, regulation or exemption. The various regulations under the CDSA set out the circumstances under which legitimate activities with controlled substances and precursors are permitted.

3.   For the purposes of this memorandum, unless otherwise specified, the term “controlled substance” refers to the substances listed in Schedules I to V to the Controlled Drugs and Substances Act including narcotics, restricted drugs, controlled drugs, benzodiazepines, and targeted substances. The term “precursor” refers to any of the substances that are listed in Schedule VI to the Controlled Drugs and Substances Act.

4.   This memorandum outlines the regulatory requirements pertaining to the importation and exportation of cannabis, controlled substances and precursors. It also provides general information on cannabis and some controlled substances of interest, and appropriate contact information that CBSA personnel can use to obtain additional information on issues pertaining to the import or export of cannabis, controlled substances and precursors.

Legislation

The following list identifies the relevant legislation and guidance documentation pertaining to this memorandum:

Customs Act
Cannabis Act
Cannabis Regulations
Industrial Hemp Regulations
Controlled Drugs and Substances Act
Benzodiazepines and Other Targeted Substances Regulations
Narcotic Control Regulations
Precursor Control Regulations
Parts G and J of the Food and Drug Regulations
Medical Devices Regulations

Section 56 Class Exemption for Travellers Who Are Importing or Exporting Prescription Drug Products Containing a Narcotic or Controlled Drug

Section 56 Class Exemption for the Disposal of Seized or Acquired Class A Precursors by Officers of the Canada Border Services Agency

Guidelines and General Information

Acronyms and Definitions

1. For the purposes of this document:

BOTSR:

Benzodiazepines and Other Targeted Substances Regulations

CA:

Cannabis Act

CBSA:

Canada Border Services Agency

CDSA:

Controlled Drugs and Substances Act

CFIA:

Canadian Food Inspection Agency

CR:

Cannabis Regulations

CSD:

Controlled Substances Directorate

FDA:

Food and Drugs Act

FDR:

Food and Drug Regulations

IHR:

Industrial Hemp Regulations

NCR:

Narcotic Control Regulations

OCS:

Office of Controlled Substances

ORT:

Opioid Response Team

PCR:

Precursor Control Regulations

THC:

delta-9-tetrahydrocannabinol.

"cannabis"

means a cannabis plant and anything set out in Schedule 1 but does not include anything referred to in Schedule 2 of the Cannabis Act.

“cannabis plant”

means a plant that belongs to the genus Cannabis, as defined in Section 2 of the Cannabis Act.

"Class A precursor"

means,

• (a) any substance set out in Part 1 of Schedule VI to the Controlled Drugs and Substances Act; and
• (b) any preparation or mixture referred to in Part 3 of Schedule VI to the Controlled Drugs and Substances Act that contains a substance referred to in paragraph (a); (PCR – SOR/2002-359, s.1.)

"Class B precursor"

means,

• (a) any substance set out in Part 2 of Schedule VI to the Controlled Drugs and Substances Act; and
• (b) any preparation or mixture referred to in Part 3 of Schedule VI to the Controlled Drugs and Substances Act that contains a substance referred to in paragraph (a); (PCR – SOR/2002-359, s.1.)

"controlled substance"

means a substance included in Schedule I, II, III, IV or V of the Controlled Drugs and Substances Act; for the purposes of the Controlled Drugs and Substances Act,

• (a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and,
• (b) a reference to a controlled substance includes a reference to:
  • (i) all synthetic or natural forms of the substance, and
  • (ii) anything that contains or has on it a controlled substance and that is used or intended for use
    • A. in producing the substance, or
    • B. in introducing the substance into a human body.

(CSTD – S.C. 1996 c.19, s.2.)

"controlled drug"

means a drug set out in the schedule to Part G of the Food and Drug Regulations and includes a preparation; (FDR, C.R.C., c.870, s.G.01.001.)

"drug"

under the Food and Drugs Act, includes any substance or mixture of substances manufactured, sold or represented for use in,

• (a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals,
• (b) restoring, correcting or modifying organic functions in human beings or animals, or
• (c) disinfection in premises in which food is manufactured, prepared or kept; (FDA – R.S.C. 1985, c. F-27, s.2.)

"industrial hemp"

as defined in the Industrial Hemp Regulations, means a cannabis plant — or any part of that plant — in which the concentration of THC is 0.3% w/w or less in the flowering heads and leaves; (IHR – SOR/2018-145, s.1.)

"narcotic"

means any substance set out in the schedule or anything that contains any substance set out in the schedule of the Narcotic Control Regulations; (NCR – C.R.C., c.1041, s.2.)

"precursor"

means a substance included in Schedule VI of the Controlled Drugs and Substances Act; (CDSA – S.C.1996 c.19, s.2.)

"restricted drug"

means a drug set out in the schedule to Part J of the Food and Drug Regulations; (FDR – C.R.C., c.870, s.J.01.001.)

"targeted substance"

means a controlled substance included in Schedule 1 of the Benzodiazepines and Other Targeted Substances Regulations, or a product or compound that contains the controlled substance; (BOTSR – SOR/2000-217, s.1(1))

"test kit"

means an apparatus as defined in the following regulations:

NCR – s.2; BOTSR – s.1(1); Part G – FDR – s.G.01.001(1); Part J – FDR – s.J.01.001;
CR – SOR/2018-144 s. 2

"transhipment"

means, in respect of a targeted substance scheduled in the Benzodiazepines and Other Targeted Substances Regulations or a Class A precursor scheduled in Schedule VI of the CDSA, that has been unloaded or in any way removed from the means of transportation by which it came into Canada, its loading or placing on board or within or on the same or any other means of transportation used for its departure from Canada. (BOTSR – SOR/2000-217, s.1 and PCR – SOR/2002-359, s.1.)

Role of the Canada Border Services Agency

2. The CBSA assists Health Canada in controlling the importation and exportation of cannabis, controlled substances, and precursors. The CBSA may detain a shipment in order to verify whether a specific restriction or prohibition immediately applies and to confirm that the shipment complies with any related obligation, such as permit requirements. In doing so, advice from Health Canada may be sought.

3. In cases where the Customs Act has been contravened, CBSA may seize the shipment.

Role of Health Canada

4. The Office of Controlled Substances (OCS) of the Controlled Substances Directorate (CSD), Opioid Response Team (ORT), and the Cannabis Legalization and Regulation Branch (CLRB) are responsible for the administration and administrative enforcement of the CDSA and the Cannabis Act, respectively, and associated regulations via the following activities as applicable:

• (a) the issuance of licences to manufacturers, distributors and wholesalers in order to possess and to carry out specific activities with respect to cannabis, controlled substances and precursors;
• (b) the issuance of import, export, transit or transhipment permits;
• (c) providing directions regarding the disposal of seized controlled substances and cannabis;
• (d) working with law enforcement to mitigate the diversion of cannabis, controlled substances, and precursors;
• (e) assessing whether substances that are not specifically listed under the schedules of the CDSA should be added to one of the schedules to the CDSA;
• (f) amending regulations and/or creating new regulations under the CDSA and Cannabis Act as required; the issuance of exemptions that allow individuals to conduct specific activities with cannabis, controlled substances, and precursors for scientific, medical or public interest purposes; and
• (g) performing inspections and compliance verification as per section 31 of the CDSA and Part 7 of the Cannabis Act.

Categories of Controlled Substances and Precursors

5. Controlled substances are listed in Schedules I through V of the CDSA. These substances are also divided into different categories by the various regulations pursuant to the CDSA. A brief overview of certain categories follows:

• (a) Narcotics which includes all of the substances in Schedules I and II except for Methylenedioxypyrovalerone (MDPV or “bath salts”), methamphetamine, amphetamines, flunitrazepam and Gamma Hydroxybutyric acid (GHB).
• (b) Controlled drugs which includes GHB and some of the amphetamines from Schedule I, a portion of Schedule III, all the anabolic steroids and barbiturates under Schedules IV and a portion of the other substances under Schedule IV.
• (c) Restricted drugs which includes most of the amphetamines from Schedule I and the majority of the substances under Schedule III.
• (d) Benzodiazepines and targeted substances which includes all of the benzodiazepines and a portion of the other substances from Schedule IV.
• (e) Precursors are listed under Schedule VI of the CDSA and regulated under the Precursor Control Regulations (PCR).

Cannabis

6. Cannabis includes the substances listed in Schedule 1 of the Cannabis Act, but does not include anything referred to in Schedule 2. These schedules are as follows:

• Schedule 1
• 1. Any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not, other than a part of the plant referred to in Schedule 2
• 2. Any substance or mixture of substances that contains or has on it any part of such a plant
• 3. Any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained

• Schedule 2
• 1. A non-viable seed of a cannabis plant
• 2. A mature stalk, without any leaf, flower, seed or branch, of such a plant
• 3. Fibre derived from a stalk referred to in item 2
• 4. The root or any part of the root of such a plant

Personal Importation and Exportation

7. Personal importation or exportation is described as the import or export of a limited quantity of cannabis, a controlled substance or a precursor by an individual. An individual may only import or export a prescription drug product containing a controlled substance or cannabis for their own continued medical use, or for a person or an animal for whom they are responsible and who is travelling with them, when it is specifically authorised by regulation or when there is an applicable exemption.

8.   The requirements regarding personal importation and exportation of controlled substances and precursors are outlined specifically in the Benzodiazepines and Other Targeted Substances Regulations (BOTSR), the Precursor Control Regulations (PCR) and in the Section 56 Class Exemption for Travellers Who Are Importing or Exporting Prescription Drug Products Containing a Narcotic or Controlled Drug.

9.   An individual cannot import or export controlled substances or precursors listed in Schedules I through VI by mail or by courier without a valid permit, or an exemption.

10. Exemptions for the personal importation and/or exportation of cannabis may be granted on a case by case basis under section 140 of the Cannabis Act if the Minister of Health is of the opinion that the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.

Note: Section 56 class exemptions issued under CDSA for the importation of prescription products containing cannabis (i.e. Charlotte’s Web Oil) will remain valid until the expiry date of the exemption unless revoked. If the expiry date is between coming into force (or immediately before) and December 31, 2018, the exemption will continue to be valid until December 31, 2018.

11. Requirements for personal importation or exportation are listed in Appendix A.

Commercial Importation and Exportation

12. Under the CDSA, importation and exportation are considered to be illegal unless otherwise authorized by regulation or an exemption. In general, as summarized in Appendix B, controlled substances or precursors may only be imported or exported into Canada by a licensed dealer, licensed producer or registered dealer and each shipment must be accompanied by a valid import or export permit.

13. Under the Cannabis Act, importation and exportation are illegal unless otherwise authorized by regulation, exemption or permit.

14. All permits carry an issuance and expiry date and are only valid for a onetime specific shipment of a controlled substance, cannabis or a precursor.

15. Requirements for commercial importation or exportation are listed in Appendix B.

Special Exemptions

16. In special circumstances (humanitarian missions) or for specific events (international sporting events), a Section 56 class exemption is issued to allow the importation or exportation of controlled substances or precursors.

Test Kits/Precursors Authorization Certificates

17. Test kits containing controlled substances included in the schedules to either the NCR, BOTSR, Part G or Part J of the FDR can be imported or exported from Canada without a permit but must be registered with Health Canada. The test kits being imported or exported must bear on their external packaging the name of the manufacturer, the trade name or trade mark and the test kit registration number issued by Health Canada which is preceded by the letters “TK”. Registration numbers for test kits containing cannabis that were issued under the NCR are deemed to be issued under the Cannabis Regulations pursuant to subsection 159(6) of the Cannabis Act. (Note: Please refer to the BOTSR for broader requirements that apply to test kits containing benzodiazepines and/or targeted substances.)

18. Precursor authorization certificates are issued under section 49 of the PCR for a preparation or mixture which can be imported or exported from Canada without a permit but must be issued a precursor authorization certificate. The Class A import and export shipment and Class B export shipment must be accompanied by a document containing a statement that the preparation or mixture is subject to an authorization certificate under section 49 or 77 and the certificate number for the preparation or mixture.

19. Test kits containing cannabis can be imported or exported from Canada without a permit but must be registered with Health Canada. The test kits imported or exported must have a registration number issued for the test kit that has not been cancelled, and must adhere to the label requirements set out in the Cannabis Regulations. A test kit that is subject to the labelling requirements of the Medical Devices Regulations must include the registration number on the label. In the case of a test kit that is not subject to the labelling requirements of the Medical Devices Regulations, the label must include the registration number, brand name and the name and address of the manufacturer or assembler or, if applicable, the name and address of the person for which the test kit was manufactured or assembled further to a custom order. The test kit must be imported or exported for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose. (CR - SOR/2018-144 s.255)

First Aid Kits: Aircrafts and Ships

20. First aid kits containing small amounts of narcotics, controlled drugs, benzodiazepines, and/or prescription drugs containing cannabis which are sealed and for emergency use only on aircraft or ships, shall not be subject to control procedures for CBSA purposes under the Controlled Drugs and Substances Act, the Food and Drugs Act or the Cannabis Act.

Special Substances of Interest

21. The following describes several substances of interest in relation to their movement across the Canadian border.

Cannabis

22. Under the Cannabis Act, a valid permit or exemption issued by Health Canada is required for any (personal or commercial) importation or exportation of cannabis across Canada’s border. Without a valid permit or exemption it is illegal to import or export cannabis.

23. Licences and permits authorizing the importation or exportation of cannabis may be issued on a case by case basis only in respect of cannabis for medical or scientific purposes or in respect of industrial hemp; (Cannabis Act subsection 62(2)). In general, only a person holding a licence under the Cannabis Act may import or export cannabis and must hold a permit for each shipment.

24. On request of an officer, a person reporting exported goods must present the goods to the officer (subsection 95(3) Customs Act). The exporter of cannabis must provide evidence that its exportation complies with the Cannabis Act to the chief officer of customs in accordance with the provisions of the Reporting of Exported Goods Regulations, and the goods made available for inspection.

25. Exemptions for the importation and/or exportation of cannabis may be granted under section 140 of the Cannabis Act if the Minister is of the opinion that the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.

26. Non-viable (unable to grow) cannabis seed of a cannabis plant, a mature cannabis stalk (without any leaf, flower, seed or branch) of such a plant or fibre derived therefrom, or the root or any part of the root of such a plant as described in Schedule 2 of the Cannabis Act are excluded from the definition of “cannabis” in section 2 of the Cannabis Act and are therefore not subject to the prohibitions of import and export pursuant to s. 11(1) and (2) of the Cannabis Act.

27. Cannabis may be subject to additional requirements under CFIA legislation. Please consult Memorandum D19-1-1, Food, Plants, Animals and Related Products and the CFIA’s Automated Import Reference System (AIRS) for more information.

Hemp Seed and Hemp Derivatives

28. Derivatives of industrial hemp seed or viable grain (e.g. hemp seed oil), or derivatives of non-viable cannabis seeds, that do not contain any phytocannabinoids (including cannabidiol (CBD)) as specified under the Industrial Hemp Regulations (IHR) can be imported or exported without a licence or permit provided that the derivative or product is accompanied by a certificate of analysis from a competent laboratory in the country of origin of the derivative or product stating that the derivative or product contains a concentration of 10μg/g THC or less; the derivative or product has not been made from whole industrial hemp plants, including sprouts, or the leaves, flowers, or bracts of those plants; and in the case of the wholesale sale of a derivative, that the package containing the derivative is also labelled "Contains 10 µg/g THC or less - Contient au plus 10 µg/g de THC".

29. Hemp products may be subject to additional requirements under CFIA legislation. Please consult Memorandum D19-1-1, Food, Plants, Animals and Related Products and the CFIA’s Automated Import Reference System (AIRS) for more information. For more information on Health Canada’s requirements related industrial hemp products or derivatives, please consult the Industrial hemp licensing application guide.

Opium Poppy

30. Opium poppy (Papaver somniferum), its preparations, derivatives, alkaloids and salts are included in Schedule I of the CDSA. Only licensed dealers under the NCR are allowed to import or export opium, its preparations, derivatives, alkaloids and/or salts with a valid permit.

31.   Poppy seeds however are not subject to the CDSA or its regulations, and therefore do not require import or export permits. Additional requirements may need to be met with respect to the importation of poppy seeds as specified under the Seeds Regulations. Please consult Memorandum D19-1-1, Food, Plants, Animals and Related Products and the Canadian Food Inspection Agency’s (CFIA) Automated Import Reference System (AIRS) for more information.

Catha edulis Forsk (Khat), Cathine and Cathinone

32. Catha edulis forsk (Khat), its preparations, derivatives, alkaloids and salts, cathine and cathinone are scheduled under the CDSA; however, they are not scheduled under any regulation. Importation and exportation of these substances is illegal. An exemption is required for any importation or exportation of these substances.

Precursors

33. In accordance with the PCR, the following exemptions are listed directly in the regulations. The onus is on the importer or exporter of record to prove that they meet the requirements.

34. For Class A precursors: A person who imports or exports a Class A precursor that is a preparation or mixture is exempt from the requirements of these regulations, if

• (a) the preparation or mixture is a fragrance or flavouring
  • (i) containing anthranilic acid, N-anthranilic acid, gamma butyrolactone, phenylacetic acid, piperonal or piperidine in a total concentration equal to or less than 20% by weight or volume in the case of a solid or liquid, respectively, and
  • (ii) intended to be used in a food, drug, cosmetic or household product;
• (b) it is a silicone product that is a sealant, adhesive or coating containing acetic anhydride in a concentration equal to or less than 1% by weight or volume in the case of a solid or liquid, respectively; or
• (c) it contains gamma butyrolactone or 1,4-butanediol in a total concentration equal to or less than 20% by weight or volume in the case of a solid or liquid respectively, and is intended to be used in the following products or processes:
  • (i) a control product as defined in the Pest Control Products Act, R.S., c. P-9, before the coming into force of subsection 2(1) of the Pest Control Products Act, S.C. 2002, c. 28,
  • (ii) a pest control product as defined in the Pest Control Products Act, S.C. 2002, c. 28, after the coming into force of subsection 2(1) of that Act,
  • (iii) cleaning or etching preparations for electronic devices, components and parts,
  • (iv) biofermentation for polyester production,
  • (v) melamine coatings,
  • (vi) automotive coatings, or
  • (vii) resin systems for manufacturing polyurethane.

35. For Class B precursors: A person who imports or exports a Class B precursor that is a preparation or mixture is exempt from the requirements of these regulations, if the preparation or mixture contains a precursor set out in Part 2 of Schedule VI to the Act and the contained precursor, either alone or with any other precursor of the same type, does not constitute more than 30% of the preparation or mixture by weight or volume, in the case of a solid or liquid, respectively.

Detention and Seizures

36. CBSA officers may detain any suspect shipments in order to verify whether a specific restriction or prohibition immediately applies and to check that shipments are in compliance with any related obligation, such as permit requirements. CBSA officers may seize goods under the Customs Act if there has been a contravention of the Customs Act or its regulations.

37. Health Canada can be contacted to ensure the requirements for the importation or exportation of cannabis, controlled substances or precursors are being met. Health Canada contact information for importers and the public is listed in Additional Information below. The CBSA should contact the Health Canada Border Centre for their region.

Disposal

38. Cannabis, controlled substances, and precursors that are seized, found or otherwise acquired by the CBSA will be disposed of in accordance with the direction contained in the CBSA Comptrollership Manual - Material Management Volume, and the Section 56 Class Exemption for the Disposal of Seized or Acquired Class A Precursors by Officers of the Canada Border Services Agency.

Additional Information

39. You may contact your local regional Health Canada office or by calling toll free 1-800-267-9675 during local regular business hours for additional information regarding administration of the Controlled Drugs and Substances Act or the Cannabis Act.

40. For more information, within Canada call the Border Information Service at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064. Long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time/except holidays). TTY is also available within Canada: 1-866-335-3237.

Appendix A

Appendix B

References

Issuing office

Compliance Unit
Compliance and Program Management Division
Programs Branch

Headquarters file

 

Legislative references

Customs Act
Controlled Drugs and Substances Act
Benzodiazepines and Other Targeted Substances Regulations
Narcotic Control Regulations
Precursor Control Regulations
Cannabis Act
Cannabis Regulations
Industrial Hemp Regulations
Food and Drug Regulations
Medical Devices Regulations

Other references

D19-1-1, D19-9-1

Superseded memorandum D

D19-9-2 dated October 17, 2018

Date modified:

2023-05-17