I'm employed in the marijuana industry in Canada. Can I be denied admission to the U.S. because of m

An individual is inadmissible if a consular or immigration officer has "reason to believe" they are, or have been, an illicit trafficker in a controlled substance (or a knowing assister, abettor, conspirator or colluder). The spouse or child of such a person is also inadmissible under this ground of inadmissibility.

An individual who is employed in the marijuana industry in Canada could theoretically be denied admission based on a USCBP officer's "reasonable belief" that they're an illicit trafficker (or a knowing aider, abettor, assister, conspirator or colluder) of a controlled substance.

It becomes more likely that such an individual will be denied admission as a controlled substance trafficker if they're travelling to the U.S. on business, as a representative of the Canadian employer. In such cases, at least a part of that individual's marijuana-related activities will be taking place in the U.S.

Will I be barred if I smoked marijuana during my trip to Colorado?

Recreational marijuana use is legal in the State of Colorado. However, such conduct continues to be a violation of U.S. federal law even in states where it has been legalized.



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Although this fact may not be relevant to a U.S. citizen, the implications for a non-citizen can be quite devastating. Canadian citizens (and other foreign nationals) who admit to marijuana use in a U.S. state that has legalized it will still be barred from the U.S.

I'm a Canadian citizen who has been hired by a U.S.-based company involved in the marijuana industry, to work in a U.S. state that has legalized the substance. Will I have problems when I apply for my work permit?

A Canadian citizen (and any other foreign national) who intends to work for a U.S.-based company involved in the marijuana industry, even in a U.S. state that has legalized it, is likely to be denied entry as a controlled substance trafficker. This can result in a permanent bar to the U.S.

More from HuffPost Canada:

• The Government Is Spreading Falsehoods About The Preclearance Act
• Here's What To Know The Next Time You Cross The U.S. Border
• The U.S. Border Feels Like Hostile Territory To Canadians Like Me

A foreign national could be accused of trafficking regardless of whether or not they have any direct contact with the company's marijuana operations. For example, a Canadian citizen seeking a work permit as an accountant for a U.S. employer involved in a state-licensed marijuana business could still be denied admission as a trafficker.

Clearly, the legalization of marijuana has created considerable uncertainty for Canadian citizens (and other foreign nationals). Until detailed guidelines are provided by U.S. government agencies, precautions should be taken in order to avoid a permanent bar from the country.

Also on HuffPost:

KirkTousaw‏
They are both right and wrong IMO. Lying can get you banned but so can disclosing cannabis use. Lying is also a felony offence punishable by up to 5 years in jail. Silence seems the least worst course. Canada should be advocating that the US change policy.


https://globalnews.ca/video/rd/1055739459804/

Blair’s advice(A complete utter fool and moron I feel) to tell the truth about pot at the border is ‘dangerous,’ U.S. lawyer warns

Liberal MP Bill Blair‘s advice to be open with U.S. border officials if asked about past marijuana use after legalization is “dangerous,” a U.S. immigration lawyer says.


“People should always tell the truth when they are questioned by U.S. border security officers. They should tell them the truth,” Blair said in an interviewpublished Saturday.

But doing that in the real world “is going to create many, many, many border crossing issues for many, many, many people,” warns Len Saunders, an immigration lawyer in Blaine, Wash.

Canadians can be barred for life from entering the United States if they admit to ever having consumed marijuana — even in the U.S., in states where it’s legal.

Canadians banned from the U.S. can apply for a waiver allowing them to cross the border, but the process is cumbersome and expensive, and the application has to be restarted from scratch every few years for the rest of the person’s life.

Even after recreational marijuana becomes legal in Canada this summer, U.S. law will allow border officers to ban Canadians for life for legally using it in Canada.

READ MORE: Pot use after it’s legalized in Canada could still get you barred from U.S., lawyer warns

Instead, Canadians can refuse to answer questions about past marijuana use. That will probably lead to them being turned back on that one occasion, but won’t lead to more serious consequences, Saunders says.

“Chances are (on a different day) you’ll get a different officer who doesn’t care,” he says.

“Not all the officers care, but the ones who do can sure make life miserable for you forever.”

“I have never seen a case where someone has refused to answer a question regarding past marijuana use and they’ve been barred for life. I have never seen that happen.”

WATCH: Many British Columbians who travel south of the border may find themselves in legal limbo when Canada legalizes marijuana.

Lying at the border is a bad idea which can also lead to a lifetime ban, but Saunders takes issue with a statement later in the interview in which Blair says that “lying to the border agent is a far more significant offence than having previously used this drug.”

READ MORE: Your legal pot buying data could get you banned from the U.S., lawyers warn

“When he says that lying is far worse than admitting to smoking marijuana, that’s absolutely incorrect. They both have the same consequences,” Saunders says. “They’re equally bad — lifetime bars. He doesn’t understand that.”

Last fall, similar comments by Liberal MP Mark Holland attracted criticism.

“Ultimately the decision that they make is their decision as a foreign jurisdiction … you always have to be honest and tell the truth at the border,” Holland said in an interview with Global News.

“That is bad advice by Canadian government officials, and they should know better,” Saunders says. “If they don’t know better, then they should educate themselves before making comments to the Canadian public.”

“Honestly, I don’t think that to this day the Canadian government fully understands the ramifications. I really, really don’t think they understand it.”

There is no basis to believe that attitudes toward pot at the border will relax in any way after legalization here, Saunders says.

“I see no change, and I’ve been living at ground zero at the U.S. border watching Canadians, one after the other, being picked off and denied entry for admitting smoking marijuana.”

A federal justice department spokesperson referred questions to Global Affairs.

Update, 9 a.m. ET:

“Currently, U.S. border officers have the discretion to deny entry into the U.S. if the traveller admits to using cannabis,” Global Affairs spokesperson John Babcock wrote in an e-mail. “This will not change if cannabis is legalized in Canada. A state has the sovereign right to determine the conditions of entry into its country.”

CORRECTION: Misattributed quotes in an earlier version of this story have been corrected.

READ MORE: Canada looking to change policy that bans marijuana users from the U.S.

WATCH: Public Safety Minister Ralph Goodale told the CBC that he believes banning Canadians from entering the U.S. for admitting to using marijuana is “ludicrous.”

© 2018 Global News, a division of Corus Entertainment Inc.

An immigration lawyer is casting serious doubt on some federal government advice to be honest and admit to smoking marijuana if asked at the U.S. border.