Canadian tourists spent $19.8 billion in the United States in 2016, and nearly 400,000 people cross over the U.S./Canadian border per day without issue. All of this could be at risk, however, due to Canada’s new law legalizing recreational marijuana use, which went into effect on October 17.
Nine states – Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Washington, and Vermont – and the District of Columbia have legalized recreational marijuana use. However, even if you’re attempting to travel to one of those states from Canada, you could be denied entry to the United States at the border if you are in violation of federal law.
U.S. Federal Law
While the above states have legalized recreational marijuana use and many others allow medical marijuana, the Controlled Substances Act still lists marijuana as a Schedule I controlled substance. The Controlled Substances Act is a federal law, and federal law trumps state law when individuals are seeking entry into the United States. Of particular concern to Canadians attempting to travel to the United States, however, is not the Controlled Substances Act but the Immigration and Nationality Act (INA).
Section 212(a)(2)(C) of the INA states that any alien that is or has been “an illicit trafficker in any controlled substance…or is or has been a knowing aider, abettor, assistor, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance” is ineligible for admission to the United States.
This is a very important provision when it comes to employers and investors in the marijuana industry in Canada. It is possible that you could be turned away at the U.S. border just because of your job. This is especially true if you work with companies in the United States, as that could be seen as drug trafficking. If you are simply traveling for personal purposes unrelated to your business, you will likely be permitted entry. However, that is in no way guaranteed as it is just a general rule. Essentially, marijuana businesses in the United States and Canada are on their own; they will not able to form partnerships or do any sort of business together regardless of whether those companies are located in states where recreational marijuana is legal.
Investors and owners in the marijuana industry are not the only ones affected – all employees can be, too. Before taking a job with a marijuana dispensary or grower, it’s important you consider the very real possibility that you will not be able to travel to the United States because of your work.
Waivers Possible
Waivers are available from the Admissibility and Review Office (a division of Customs and Border Protection). However, fees for waiver applications are quite high – over $900, and waivers can take over six months to be granted, so you’d have to plan ahead.
If you’re just a simple marijuana user who doesn’t work in the industry, you could also be denied entry to the United States. Customs and Border Protection (CBP) agents at the border will ask you questions, and it is possible they will ask if you’ve used any drugs, including marijuana. If you’re thinking you could just lie, you might want to think again. Lying to a Border Agent can get you banned indefinitely from entering the United States.
Needless to say, if you are headed to the United States from Canada or from Canada to the U.S., it’s imperative that you know the law and remember that U.S. Federal law supersedes all state law and the laws of other countries.
