Pot users, investors need to be vigilant at Canada-U.S. border

U.S. authorities say anyone who admits to having used pot before it became legal could be barred

Pot users, investors need to be vigilant at Canada-U.S. border

American officials can’t yet say for sure if there’s been any change in the number of people being turned away at the Canada-U.S. border for using marijuana or working or investing in the legal cannabis industry.

But Customs and Border Protection spokeswoman Stephanie Malin says anecdotally, there has been no significant change in the numbers or in the agency’s operations in screening people seeking to enter the United States.

Marin says the agency expects to be able to release more detailed statistics early next month.

Immigration lawyers on both sides of the border, however, are already dealing with cases of people facing a lifetime ban from the U.S. and say the problem is only going to get worse without a change in American federal law.

With cannabis legal in Canada and more U.S. states easing their own restrictions — notably Michigan, home to the busiest northern border crossing on the continent — they warn that a U.S. federal prohibition on pot means Canadians face an escalating risk of problems at the border.

U.S. border authorities say anyone who admits to having used marijuana prior to Oct. 17, the day it became legal in Canada, could be barred from the country, as well as investors and industry employees who try to cross for cannabis-related reasons.

READ MORE: B.C. marijuana rules say where you can’t smoke or vape

“The bigger issue is people thinking the slate has been wiped clean,” said Henry Chang, a Toronto-based immigration lawyer who has spent the last several months warning Canadians about the dangers.

“I think we’re going to start seeing more people getting banned, not because of them smoking marijuana after Oct. 17, but just because they think they have nothing to hide and they blurt out that they smoked marijuana when they were 18.”

Even in the case of legal cannabis use, U.S. law can still keep out anyone deemed to be a drug abuser or addict, or who is diagnosed with a mental disorder with a history of related harmful behaviour — including alcoholism or consuming pot, said Chang.

Customs and Border Protection initially warned that any Canadian who gave off a whiff of pot involvement — from using the drug to working or investing in the industry —risked being banned or denied entry. The agency later softened that stance, saying industry workers would generally be deemed admissible so long as they were travelling for reasons unrelated to their work.

At least one would-be traveller was intercepted last week in Vancouver and is now barred from the U.S., because he wanted to tour a Vegas-based cannabis production facility in which he’d recently become an investor, said Len Saunders, a Canadian lawyer based in Blaine, Wash., who specializes in U.S. immigration law.

“He’s kind of shellshocked right now,” Saunders said in an interview. ”He said, ‘I didn’t know anything about this.’ I said, ‘Haven’t you been reading the news?’”

James McCarten, The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

A person receives a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. Northern Health confirmed it has the lowest vaccination rates amongst the province’s five regional health authorities. (THE CANADIAN PRESS/Jonathan Hayward)
Vaccination rates in Vanderhoof, Fraser Lake, Fort St James well below provincial average

COVID-19 immunization clinics for youth 12+ coming up in Fort St. James

Steve McAdam (left) is studying substrate conditions in the Nechako River and how they impact sturgeon eggs. The work will help design habitat restoration measures, said McAdam. (Rebecca Dyok photo)
Sturgeon egg studies to help inform future habitat restoration

“It’s an interesting, challenging issue,” says Steve McAdam

Saik’uz First Nation Coun. Jasmine Thomas and Chief Priscilla Mueller speak about the need for addiction treatment facility near Vanderhoof, March 2021. (Aman Parhar/Omineca Express)
Vanderhoof addiction treatment centre tries again with ministry support

Agriculture minister insists she is not interfering in land commission

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Flowers and cards are left at a makeshift memorial at a monument outside the former Kamloops Indian Residential School to honour the 215 children whose remains are believed to have been discovered buried near the city in Kamloops, B.C., on Monday, May 31, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Pick a Sunday:’ Indigenous leaders ask Catholics to stay home, push for apology

Indigenous leaders are calling on Catholics to stand in solidarity with residential school survivors by not attending church services

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

The Queen Victoria statue at the B.C. legislature was splattered with what looks like red paint on Friday. (Nicole Crescenzi/News Staff)
Queen Victoria statue at B.C. legislature vandalized Friday

Statue splattered with red paint by old growth forest proponents

Police cars are seen parked outside Vancouver Police Department headquarters on Saturday, January 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver police officer charged with assault during an arrest in 2019

The service has released no other details about the allegations

Most Read