• About
  • Offices
  • Careers
  • News
  • Students
  • Alumni
  • Payments
  • EN | FR
Background Image
Bennett Jones Logo
  • People
  • Expertise
  • Knowledge
  • Search
  • FR Menu
  • Search Mobile
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
View all
Practices
Corporate Litigation Regulatory Tax View all
Industries
Energy Infrastructure Mining Private Equity & Investment Funds View all
Advisory
Crisis & Risk Management Public Policy
View Client Work
International Experience
Insights News Events Subscribe
Arbitration Angle Artificial Intelligence Insights Business Law Talks Podcast Class Actions: Looking Forward Class Action Quick Takes
Economic Outlook New Energy Economy Series Quarterly Fintech Insights Quarterly M&A Insights Sustainability & the CIO
People
Offices
About
Practices
Industries
Advisory Services
Client Work
Insights
News
Events
Careers
Law Students
Alumni
Payments
Search
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
 
Blog

The Pineapple Express - Can You Export Medical Marijuana From Canada?

January 20, 2016

Thinking about shipping medical marihuana from Canada to another country? Here are four threshold questions that Canadian exporters and foreign importers should consider before entering into any agreement for a cross-border sale of medical marihuana.

1. Is the international trade in medical marihuana permitted in the importing and exporting countries?

Make sure the exporting and importing countries permit the international trade of medical marihuana. International trade in marihuana is controlled under the Single Convention on Narcotic Drugs, 1961, as amended by the Protocol Amending the Single Convention on Narcotic Drugs (1972). The Single Convention seeks to balance the manufacture and distribution (domestic and international) of narcotic drugs for medical and scientific purposes with the economic and social problems caused by illicit use of these drugs. Parties to the Single Convention are free to prohibit the cultivation, production and distribution of marihuana, so always check to see if the proposed transaction is permitted under the laws of the country of export and the country of import.

The Marihuana for Medical Purposes Regulations (MMPR) implements Canada's obligations regime for the controlled importation and exportation of medical marihuana in accordance with the Single Convention. Health Canada administers imports and exports of medical marihuana, with the support of the Canada Border Services Agency (CBSA). Health Canada will not issue an export permit for medical marihuana if the export shipment will contravene the laws of the country of final import or any country of transit or transshipment.

2. Are the exporter and importer each licensed to engage in the international trade of medical marihuana and have they each obtained a permit for the transaction?

The Single Convention requires that if a party to the convention permits international trade in medical marihuana, both the exporter and the importer must be licensed by the relevant authority in their home jurisdictions. The importer and exporter must each obtain a shipment-specific permit for each international shipment. Keep in mind that the licensing and permit requirements are distinct: a licence holder is not allowed to import or export medical marihuana without a permit. Holding a licence does not guarantee that the relevant authorities will issue the necessary import and export permits to facilitate the shipment. Importers and exporters are advised to address this uncertainty in their commercial agreements.

Under the MMPR, only a Licensed Producer (LP) can apply for an export permit from Health Canada. Health Canada has discretion in granting an export permit and can impose conditions on the permit to comply with an international obligation (including the Single Convention), or reduce any potential public health, safety or security risk, including the risk of the marihuana being diverted to an illicit market or use.

3. does your commercial agreement account for MMPR requirements?

Canadian exporters and foreign importers need to be aware of the commercial implications of the MMPR export permit requirements. For example, export permits are shipment-specific, meaning that Health Canada will not issue a blanket permit to export a given quantity of medical marihuana to a specific importer over the course of a year. Each shipment for export requires its own export permit. Also, the quantity, type, intended use and composition of the medical marihuana that is shipped must match the information on the import and export permits and the importer, port of exit from Canada, and shipping route must remain the same. If the importer and exporter change these elements late in the day, new permits may have to be obtained, likely causing significant delays.

4. Have you considered the requirements of other government departments and agencies?

Health Canada is not the only government department that oversees the international trade in medical marihuana. The LP which exports the goods will have to comply with CBSA registration and reporting requirements applicable to all exporters. Also, the competent authority in the country of import may require that the exporter obtain phytosanitary or similar certificates, to establish that the medical marijuana is free of pests or pesticides or satisfies compositional standards, in which case the LP will have to engage with the Canadian Food Inspection Agency.

While these are four vital considerations, there are other issues involved with the regulatory requirements for the export of medical marihuana from Canada. If you are considering acting as a foreign importer or Canadian exporter of medical marihuana, it would be prudent to seek the advice of legal counsel. At Bennett Jones we have a team of professional advisors that can provide guidance on all facets of the medical marijuana industry as it continues to advance.

Please note that this publication presents an overview of notable legal trends and related updates. It is intended for informational purposes and not as a replacement for detailed legal advice. If you need guidance tailored to your specific circumstances, please contact one of the authors to explore how we can help you navigate your legal needs.

For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com.

Download PDF

Author

  • George W. H. Reid George W. H. Reid, Partner

Related Links

  • Insights
  • Media
  • Subscribe

Recent Posts

Blog

Upending the Ground Rules: Proposed Major Overhaul [...]

May 08, 2025
       

Blog

Government of Alberta Proposes Significant Changes [...]

May 06, 2025
       

Blog

What Does the SPAC IPO Rebound Mean for Cross-Border Deals?

May 05, 2025
       

Blog

Q&A on Protecting Family Enterprises Through Collaborative Family Law

April 29, 2025
       

Blog

CSA Announces Pause on Climate-Related and Diversity-Related [...]

April 28, 2025
       
Bennett Jones Centennial Footer
Bennett Jones Centennial Footer
About
  • Leadership
  • Diversity
  • Community
  • Innovation
  • Security
Offices
  • Calgary
  • Edmonton
  • Montréal
  • Ottawa
  • Toronto
  • Vancouver
  • New York
Connect
  • Insights
  • News
  • Events
  • Careers
  • Students
  • Alumni
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
© Bennett Jones LLP 2025. All rights reserved.
  • Privacy Policy
  • Disclaimer
  • Terms of Use
Logo Bennett Jones