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Marijuana legal in Canada, but pot (even medicinal) can’t cross border in either direction

Posted 11/17/18

BY ANDY GARDNER North Country Now Even though Canada has legalized marijuana for recreational use, cross-border travelers still cannot bring it with them into the country from the United States. …

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Marijuana legal in Canada, but pot (even medicinal) can’t cross border in either direction

Posted

BY ANDY GARDNER

North Country Now

Even though Canada has legalized marijuana for recreational use, cross-border travelers still cannot bring it with them into the country from the United States.

Canada scrapped their pot prohibition laws on Oct. 17. It can be bought in smokable or edible form in private cannabis stores in some provinces, such as Quebec. Ontario is only selling theirs through government-approved stores, with initial sales entirely online.

“It remains illegal to import into Canada, or export from Canada, cannabis or any cannabis products without a valid permit, issued by Health Canada. The Canadian Border Services Agency’s message to travellers about cannabis is that border rules are not changing,” Nicholas Dorion, a CBSA media spokesperson, wrote in an email. “It’s simple – Don't Bring it In, Don't Take it Out. The unauthorized movement of cannabis across Canada’s international borders remains a serious criminal offence, subject to enforcement up to and including criminal investigation and prosecution. More information can be found on our website.

“All travellers entering Canada (including Canadian citizens) will be asked whether they are in possession of cannabis, similar to questions asked in relation to other controlled or prohibited goods,” Dorion said.

The ban also applies to medical marijuana. Even if an American has a valid cannabis prescription, they can’t bring their medicine with them.

“This prohibition applies … even if you are authorized to use cannabis for medical purposes,” the Canadian government writes on Canada.ca.

Canadian travelers with a medical marijuana prescription are also barred from bringing their medicine over into the United States. Although New York has a medical cannabis program, the federal government still outlaws it.

On Dec. 18, Canada plans to roll out tougher impaired driving laws mostly aimed at driving under the influence of cannabis. They are increasing the maximum period of incarceration for impaired driving from five years to 10 years. They are also placing a 14-year maximum sentence on illegal production, distribution or sales of marijuana, and illegal importing and exporting of marijuana or its products.

On their government website, Canada.ca, they say violations by foreigners can result in being unable to enter or stay in Canada. That includes visitors, international students and foreign workers.

Meanwhile on the American side, customs and immigration officials say it will mostly be business as usual at the border, since the zero-tolerance policy in effect prior to Canadian legalization remains in place.

“Don’t bring it across the border in either direction,” said Aaron Bowker, public affairs liaison for U.S. Customs and Border Protection’s Buffalo field office. They oversee Massena and Ogdensburg ports of entry. “Nothing has changed for us at the border.”

At a press conference held in Buffalo on Oct. 17, Bowker can be seen on a recording saying that Canadians with a prior marijuana conviction, even with a pardon, can be deemed inadmissible.

“Under inadmissibility laws, we do not recognize foreign pardons,” Bowker says on the tape. “The officers have to look at what’s in front of them at the time they make that determination.”

Canadians who admit to using drugs could be deemed inadmissible to the United States.

“Generally, any arriving alien who is determined to be a drug abuser or addict, or who is convicted of, admits having committed, or admits committing, acts which constitute the essential elements of a violation of (or an attempt or conspiracy to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, is inadmissible to the United States,” Bowker wrote in a prepared CBP statement.

But later on the press conference tape, Bowker says Canadians who admit using pot after Oct. 17, 2018 can be admitted as long as customs officers don’t believe they possess it or plan to use any in the U.S.

“Post-legalization, when that changes it really depends now at this point what you’re doing when you enter the United States, if that illegal use is going to continue in the United States, that would indicate our concern,” Bowker says on the recording.

That doesn’t apply to Americans who admit to using marijuana in Canada or any other foreign country.

“An American is always allowed back into the country, even if they use marijuana,” he said. “(Americans) may face a couple extra questions, if it’s obvious someone in the car has smoked or we smell it, you could be subject to search.”

However, drivers under the influence of pot or any other substance can be detained and turned over to local authorities for prosecution.

“If we notice an impaired driver, we turn them over to state and locals,” he said.

Canadians who work in the legal marijuana industry can be denied entry, if they declare to customs officers that they are coming to the U.S. for work related to their business. Simply working in the field is generally not grounds to bar them from entering, Bowker said in his statement.

“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,” the statement reads.