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

Kimberley Search and Rescue were able to quickly respond to a call for service and transport an injured mountain biker to East Kootenay Regional Hospital over the weekend. Kimberley SAR file photo.
Kimberley Search and Rescue respond to injured mountain biker on Bootleg Mountain

Kimberley Search and Rescue responded to a call for service this past… Continue reading

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

City of Cranbrook, Ktunaxa Nation to host flag ceremony on National Indigenous Peoples Day. (Corey Bullock file)
City of Cranbrook, Ktunaxa Nation hosting flag ceremony on National Indigenous Peoples Day

A temporary road closure and speed limit reduction will be in effect during the ceremony

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Over 5K jabbed at Interior Health mobile COVID-19 vaccine clinics

The clinics have made stops in more than 40 communities since launching last week

Provincial Health Officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
Interior Health COVID-19 cases falling slower than the rest of B.C.

More than a third of provincial cases announced Thursday came from the Interior

Cranbrook Arts has opened the doors of their  new gallery space to the public with their inaugural exhibit, Kootenay’s Best.
‘Kootenay’s Best’ opens Cranbrook Arts’ new gallery

This exhibit has been in the works for the past several months and features the work of more than 50 emerging and established artists from across the Kootenays

The Coquihalla Lakes washroom is getting upgrades. (Submitted)
Coquihalla to get upgrades to aging washrooms

The Ministry of Transportation is providing $1 million in funding to upgrade 3 rest areas

An example of the timber blowdown that let to the logging at Mountain Station. Photo: Anderson Creek Timber
Timber company logging near Nelson raises local concerns

Anderson Creek Timber owns 600 hectares of forest adjacent to the city

The Sacred Hearts church on PIB land burned Monday morning. (Theresa May Jack/Facebook)
Two churches on First Nation land in South Okanagan burn to the ground

Sacred Hearts church on Penticton Indian Band land was reduced to rubble

Tl’etinqox-lead ceremony at the site of the former St. Joseph’s Mission in Williams Lake, B.C., June 18, 2021. (Angie Mindus photo - Williams Lake Tribune)
‘We are all one people’: Honouring residential school victims and survivors

Love, support and curiousity: Canadians urged to learn about residential schools and their impact

Indigenous rights and climate activists gathered outside Liberty Mutual’s office in Vancouver to pressure the insurance giant to stop covering Trans Mountain. (Photo by Andrew Larigakis)
Activists work to ensure Trans Mountain won’t get insurance

Global campaign urging insurance providers to stay away from Canadian pipeline project

In the first election with public money replacing corporate or union donations, B.C. Liberal leader Andrew Wilkinson, B.C. Greens leader Sonia Furstenau and B.C. NDP leader John Horgan take part in election debate at the University of B.C., Oct. 13, 2020. (THE CANADIAN PRESS)
B.C. MLAs ponder 2022 ‘sunset’ of subsidy for political parties

NDP, B.C. Fed call for increase, B.C. Liberals have no comment

Investigators use a bucket to help recover human remains at a home burned in the Camp fire, Thursday, Nov. 15, 2018, in Magalia, Calif. Many of the missing in the deadly Northern California wildfire are elderly residents in Magalia, a forested town of about 11,000 north of the destroyed town of Paradise. (AP Photo/John Locher)
‘Forever War’ with fire has California battling forests instead

Five of the state’s largest-ever blazes seared California last year, as authorities tackle prevention

Most Read