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Canada legalizing pot, cross-border travelers won’t see policy changes at checkpoints in Massena, O'burg, elsewhere

Posted 2/25/18

By ANDY GARDNER With Canada on track to fully legalize marijuana in July, both American and Canadian customs agencies say cross-border travelers should not see many changes as a result. As it stands …

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Canada legalizing pot, cross-border travelers won’t see policy changes at checkpoints in Massena, O'burg, elsewhere

Posted

By ANDY GARDNER

With Canada on track to fully legalize marijuana in July, both American and Canadian customs agencies say cross-border travelers should not see many changes as a result.

As it stands now, recreational marijuana is illegal in both countries.

Anyone now caught bringing the plant from Canada into the U.S. is detained and charged by state or federal authorities, depending on the quantity officers find.

It is legal in all of Canada and New York state for medical purposes, but prescription marijuana and marijuana products cannot legally cross the border.

Tracy Casey, a chief Customs and Border Protection officer at the Massena port of entry, says they expect few changes once full Canadian legalization kicks in.

“Our mission will not change at the border. CBP enforces United States law at the border. We know federally, marijuana is illegal to possess. That includes recreational and medicinal. We have zero tolerance for marijuana possession, if crossing the borders,” Casey said. “Travelers found in possession … when crossing the border can expect a seizure and fine, and state or federal charges, depending on amount.”

She said since agents are already enforcing marijuana prohibition, there should not be longer delays for travelers crossing into the U.S.

“I don’t anticipate there will be any more of a wait. CBP officers are already looking for marijuana possession because of the zero tolerance, so I don’t expect that to have any change or effect because of legalization in Canada,” she said.

She said CBP’s Buffalo field office is planning a public outreach campaign as Canada gets closer to full cannabis legalization, probably in June.

Canadian authorities, even when marijuana is totally legal there, will not allow it to come into their country without an importation license. That means anyone who acquires pot illegally here could still face charges if they are caught trying to cross the border with it.

“Under the proposed Cannabis Act, it will remain illegal to import into Canada, or export from Canada, cannabis and cannabis products without a valid permit, issued by the Government of Canada. As is the case today, permits may only be issued for limited purposes: medical, scientific or industrial hemp,” according to Jayden Robertson, Canada Border Services Agency spokesman. “The CBSA and the Royal Canadian Mounted Police will continue to work together and with local police of jurisdiction to uphold laws governing the illegal cross-border movement of cannabis. The unauthorized movement of cannabis across Canada’s borders will remain a serious criminal offence, subject to enforcement up to and including criminal investigation and prosecution.”

He said being legally enrolled in any American medical marijuana program and possessing the proper paperwork will not allow U.S. citizens to bring prescribed cannabis or cannabis products across the border.

“As previously indicated, under the Cannabis Act, laws around importing and exporting cannabis will not change … As is the case today, holding a medical prescription for cannabis does not authorize its importation into Canada,” Robertson said.

New York State Police are usually called to make pot arrests at the state border with Canada when a quantity confiscated by CBP does not rise to the level of a federal offense. A state troopers’ spokesperson says they are not planning to adjust their marijuana policing strategy in response to changes in Canada.

“Operationally, we are not making any adjustments. State troopers will continue to enforce New York’s marijuana laws as we do now,” according to Jennifer Fleishman, state police Troop B’s public information officer.

Marijuana policy in Canada will mostly be left to the provinces, with sales at the federal level restricted to age 18 and up. Ontario is setting their minimum age to 19 to “buy, sell, have and share recreational cannabis,” according to the province’s official website. That’s also the legal age to purchase and possess alcohol there. The Liquor Control Board of Ontario (LCBO) will oversee sale and distribution through a subsidiary corporation. Online distribution and 40 cannabis stores are expected to be open in July, according to the Ontario website, with 150 stores expected by 2020. Using marijuana in public and workplaces, as well as driving under its influence, will be prohibited. More information is at http://goo.gl/7em7fA .

Quebec’s official website does not have an outline of their proposed marijuana policy. However, Canadian news outlets have been reporting on the provincial government’s intentions.

“Quebec has tabled a bill whereby all pot would be sold through the provincially-run liquor board, although there is flexibility for exceptions. Quebec plans to open 15 marijuana stores by July 1 and control sales online. The bill also makes it illegal to cultivate pot for personal or commercial use, unless authorized, and limits possession in a home to 150 grams and to 30 grams on a person. There will also be a zero-tolerance policy for driving under the influence of any drug,” CTV news reported in a story at http://goo.gl/h4Lg69 .