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:
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:
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.
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
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: