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

North Island MLA Michele Babchuk. Photo contributed
COMMENTARY: MLA Michele Babchuk talks the future of forestry

‘These forests are important to every single one of us, myself included’

Dr. Prean Armogam hands over a cheque for $10,000 to Hardy Bay Senior Citizens Society president Rosaline Glynn. The money will be going towards a new roof for the Port Hardy seniors centre. This is the second donation Dr. Armogam has made to the society, giving them $5,000 a little over a year ago. (Tyson Whitney - North Island Gazette)
Doctor donates $10k to Hardy Bay Senior Citizens Society for new roof

This was the second donation Armogam has given to the society

New COVID-19 cases on Vancouver Island by local health area for the week of May 30-June 5. (B.C. Centre for Disease Control image)
COVID-19 cases drop again almost everywhere on Vancouver Island

Nanaimo had four new cases last week, down from 22 the week before

Blueprints for the seniors housing project in Port Hardy. (North Island Seniors Housing Foundation photo)
BC Housing declines North Island Seniors Housing Foundation’s proposal to build units

BC Housing will be explaining why exactly the project was declined at a June 18 meeting

An aerial view of the marine oil-spill near Bligh Island in Nootka sound that the Canadian Coast Guard posted in a live social media feed in December. ( Canadian Coast Guard/Facebook)
Oil from vessel that sank in 1968 off Vancouver Island to be removed

DFO hires Florida firm to carefully remove oil from MV Schiedyk in Nootka Sound starting in mid-June

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province’s fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

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

Most Read