US Customs and Border Protection Clarifies Position on Canada’s Legalization of Marijuana and Border Crossing

US Customs and Border Protection (USCBP)’s most recent update on the issue of Canada’s legalization of marijuana and border crossing on October 9, 2019 notes that all usual admissibility laws, rules and regulations will continue to be enforced by their officers. USCBP reminds travellers that US Federal Law governs immigration matters, despite certain state laws that have legalized marijuana. As always, anyone seeking entry to the US who is an addict or who is convicted of, admits having committed or admits committing acts constituting essential elements of violating state, US or foreign laws as it pertains to a controlled substance is inadmissible to the US.

The update specifies, “A Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the U.S. for reasons unrelated to the marijuana industry will generally be admissible to the U.S. however, if a traveler is found to be coming to the U.S. for reason related to the marijuana industry, they may be deemed inadmissible.

With the above in mind, consider the purpose of your trip to the US carefully and consult counsel if necessary.

The full text of the update is found in the link below:

https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-canadas-legalization-marijuana-and-crossing-border

To discuss this matter further, please contact: Joel S. Guberman* at Guberman@cilf.ca or at 416 304 9551.

*Certified Specialist, Citizenship & Immigration Law; Barrister & Solicitor (Ont.); Attorney at Law (Mass.)