Canadians wanting to cross the U.S. border are being asked different marijuana questions than they were before cannabis was legal, says an American immigration lawyer who represents numerous aging baby boomers denied entry to America for past pot use.
Recreational marijuana will have been legal for a year on Thursday, but any celebrating still stops at the U.S. border, said Len Saunders, a Canadian-born lawyer based in Blaine, Washington.
鈥淭hey are not asking questions of recent use because they know they can鈥檛 deny the person because it鈥檚 legal in sa国际传媒,鈥� he said. Instead, he said they鈥檙e asking Canadians if they have ever smoked marijuana 鈥� and that鈥檚 what鈥檚 been keeping him busy.
A spokesperson for the U.S. Customs and Border Protection Office was not available for comment, but an official emailed a statement dated September 2018 that said U.S. laws would not change after sa国际传媒鈥檚 legalization of marijuana. The statement said even though medical and recreational marijuana is legal in some U.S. states and sa国际传媒, marijuana is not legal under U.S. federal law that supersedes those laws.
鈥淐onsequently, crossing the border or arriving at a U.S. port of entry in violation of this law may result in denied admission, seizure, fines, and apprehension,鈥� said the statement.
Border officials are compiling data about the number of Canadians stopped at U.S. crossings since marijuana legalization in sa国际传媒, but the figures are not available, the statement said.
Saunders said he has noticed over the past year an increase in Canadians in their 50s and 60s wanting his services after being denied entry to the United States because of admitted marijuana use. 鈥淚t鈥檚 prior to legalization and they admit to it, then it鈥檚 still grounds to inadmissibility,鈥� he said. 鈥淭hey say: 鈥業 did it back in the 70s, hippie stuff.鈥� 鈥�
Barry Rough, a resident of Langley, said he received a lifetime ban from the U.S. last August after he told border officials that he last smoked marijuana 18 years ago.
Rough, 61, said he was travelling to Emerson, Washington, to offer addictions counselling to an Indigenous group, but border officials denied his entry to the U.S.
鈥淭hey asked me if I鈥檇 ever done drugs and I just told the truth,鈥� he said. 鈥淚 didn鈥檛 want to lie, so I told them: 鈥榊es, I smoked marijuana 18 years ago.鈥� Four hours later, I was escorted across the border after I was fingerprinted, frisked, pictures taken and asked 1,000 questions, the same question every time.鈥�
Rough said he hired Saunders to help him apply for a waiver to enter the United States. His family has vacation property in Palm Springs, California, and he wants to visit this year.
He estimated the waiver process will cost him about $2,000 US. The cost includes legal fees, criminal record checks and he is expected to write a letter of remorse for smoking marijuana in the past.
Rough warned other Canadians could face the same circumstances. 鈥淚f you say you have tried it you are risking going through the same process I went through,鈥� Rough said.
Saunders said hiring him is not a guarantee that Canadians will be allowed back into the United States.
The waiver process can take up to one year to complete and is not permanent, meaning people often must reapply, he said.
Toronto immigration lawyer Joel Sandaluk said he hasn鈥檛 seen many cases where people have been denied access to the U.S. on grounds of marijuana use.
鈥淧eople are often not asked: Have they smoked marijuana before?鈥� he said. 鈥淭he advice we give our clients is always to be as honest with officers as they possibly can be. If I was in the back- seat of your car whispering advice in your ear, I鈥檇 probably say at that point, I鈥檇 rather not answer that question and ask if you can withdraw your application for admission.鈥�
Sandaluk said it is possible border officers behave differently at different crossings.
鈥淥ne of the things you have to remember about border officers, Canadian as well as American, is they have vast discretion when it comes to who they stop, who they search and how they examine,鈥� he said.
sa国际传媒 Border Services Agency said in an email statement it has developed awareness tools to inform travellers of the continued prohibition of the cross-border movement of marijuana.
鈥淥ur message on cannabis is simple: don鈥檛 take it in, don鈥檛 take it out,鈥� said the statement. 鈥淚t is illegal to bring cannabis in or out of sa国际传媒.鈥�
Saunders said he anticipates he鈥檒l see more clients once edible marijuana products and other derivatives become legal in sa国际传媒.
