Taking the High Road: Canadians Crossing the US Border Many of our readers may be pleased about the soon-to-be legalization of marijuana. These same readers may find themselves feeling slightly relieved, as gone are the days where smoking pot also meant breaking the law. Right? Wrong. Although cannabis is about to become legal in Canada, there are still many important legalities that must be borne in mind, or else you could find yourself in some hot water. One of the biggest concerns immigration lawyers have, with regards to the legalization of marijuana, are the implications at the United States border. If a person admits to smoking marijuana, presently or in years past, or if a person admits to having ties to U.S.-based cannabis companies, they could be in serious trouble at the border and could find themselves banned from entering the U.S. – indefinitely. This is because the recreational use of marijuana is not yet legal federally across the United States. Unlike in Canada, criminal law in the U.S. is regulated state by state. In plain terms, what this means is that the consequences for committing a crime in the U.S. vary state by state, whereas in Canada, we are all subject to the same Criminal Code. When marijuana becomes legal in Canada, it’s legal everywhere in Canada, but in the U.S., only nine American states have legalized cannabis for recreational purposes. It is currently illegal under U.S. Federal Law. So while us Canadians may be free to use cannabis as we please, there’s a line to be drawn, and that line is at the U.S. border (which operates under U.S. Federal Law). According to the Canadian Border Services Agency, both the U.S. Customs and Border Patrol and the Canadian agency allow access to their respective countries based on the “circumstances” of each traveller. Unfortunately, some circumstances matter more than others to U.S. border agents. One such circumstance they aren’t a fan of includes those that link travellers to marijuana, whether through consumption or their employment. According to U.S. Customs and Border Patrol, if an individual works in the Canadian cannabis industry, he or she may be turned away from the border or banned from entering. As a case in point, a businessman from Vancouver was recently banned for life from the U.S. as a result of his investments in U.S. marijuana companies. Immigration lawyers across Canada have spoken out about the dozens of cases they have recently encountered where Canadians have been denied entry to the U.S. as a result of their connections to the cannabis industry. Some of these attorneys have gone so far as to advise their clients, who work with American marijuana companies, to not cross the border. If they do, they may be “aiding and abetting the U.S. marijuana industry,” which still is illegal. However, it is not just those who work or invest in the cannabis industry who may have difficulties in crossing the border. The federal prohibition of marijuana in the U.S. will continue to be a serious cause for concern for a lot of Canadians. For example, anyone who does so much as admit they have used cannabis may similarly be banned from the U.S. for life. The most famous example of this happening is with Ross Rebagliati, a Canadian Olympic snowboarder. Rebagliati was banned from the U.S. for simply admitting that he had used marijuana in the past. Not surprisingly, a denial of entry could have serious ramifications for those who are travelling to the U.S. for business or to be reunited with their families. In one case in particular, three individuals from Vancouver who were looking to sell agricultural equipment to a cannabis business in Washington State (where cannabis happens to be legal) were banned from the U.S. for life, and of course, they didn’t make the sale. Once the recreational use of marijuana becomes legal, it should come as no surprise that more and more Canadians will likely begin to consume the once illegal substance. And with more consumers comes more concern. The more people using marijuana in Canada means there is a greater possibility that more people would be barred from entering the U.S., either temporarily or permanently. In an effort to avoid such consequences, many Canadians may be tempted to lie to U.S. Border Officers, or refuse to answer their questions. Refusing to answer could result in you being barred from entering that one time, but it likely would not lead to a permanent ban, as can be the case with admitting to smoking marijuana previously. As for lying to Border Officers, this can result in a 5-year ban for misrepresentation, or worse, a forever ban. Given that officers can search the internet or a person’s electronic devices to ascertain that individual’s activities—including where that person works or what organization they are associated with—many will be caught if they are not forthcoming. As immigration lawyers advise, a determination of inadmissibility will not be easy to overcome. Canadians who do find themselves banned can apply for a temporary waiver to allow entry, but the process can take up to a year, and the waiver must be renewed every so often. Due to the jurisdictional issues, there is unfortunately very little the Canadian government can do in order to prevent U.S. Customs and Border Patrol from asking travelling Canadians about their marijuana use. At the end of the day, whether your ties to marijuana are work-related, investment related, or recreationally related, you should be wary about crossing the border. For more information on the legalities of cannabis use and investments and how Devry Smith Frank LLP’s Immigration lawyers can assist with your immigration law matter, please contact the Immigration Practice Group. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”</h6 By Fauzan SiddiquiBlog, Cannabis Law, ImmigrationAugust 21, 2018June 16, 2020
Ontario to Have Employees Trained for Pot Stores Next Year Kathleen Wynne announced that 150 stores will sell marijuana once it is legalized and the LCBO will oversee the operation of all stores. The LCBO has the expertise for the regulation and distribution of alcohol, so in order for the government to save some costs and know that the initiative is properly dealt with, the LCBO is the best choice. They will oversee the introduction of legalized marijuana. This will allow for a smooth transition. Many critics have said that the LCBO will not have properly trained and educated employees working within these locations, however, president of the Ontario Public Service Employee Union, Warren “Smokey” Thomas, addressed this concern earlier this week. He says, “we’ll be ready for it, don’t worry about that,” because his members will be well trained by experts available from the medical marijuana industry that will pass on knowledge of distribution, sales, and product quality control and expects experienced workers from soon-to-be-outlawed private operations to apply for such jobs, and highlighted the benefit of higher union wages as the main attraction. There are opposing views to the time frame and question of educated employees and the training they will receive with dispensary supporters stating that as dispensary technicians they “determine experience, tolerance, and recommend the appropriate product to ensure they have a good experience,” and believe ha the level of attention they provide, will not be given. They consider the level of attention that is presently given by the LCBO in their liquor stores, and the transition they want to have, cannot happen overnight. While Greg Engel, CEO of a licensed producer of medical cannabis said the government is realistic with their goal, and that staff that will be able to advise clients of the effects, duration, and recommends something that is right for the experience they are looking for is critical. Of the first wave of the 150 stores, the first 40 to be opened will require 200 new members and could grow to 1,000 or more once all of the stores are up and running. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Cannabis LawSeptember 13, 2017July 5, 2023
LCBO to run Marijuana Stores When marijuana is legal next year, you won’t be able to get it from those so-called “dispensaries” that have been popping up around the GTA. Why? You may ask, Kathleen Wynne is looking to restrict the sale of recreational marijuana to LCBO-run stores only. Approximately 150 LCBO-run stores will be selling, and these stores will be standalone cannabis outlets. The main reason for Wynne’s approach is to “ensure that there will only be one legal retail distributor for recreational cannabis in Ontario, and alcohol and cannabis are not sold alongside each other.” The LCBO will oversee all retail sales and online services. Staff have been trained to keep underage drinkers from buying alcohol and has a tightly controlled distribution channel, so why wouldn’t that work for marijuana too? By regulating the distribution and sale of marijuana, the government is hoping to also tackle some issues that extend from the legalization, such as impaired driving and road safety. Seeing as it is likely people will opt to drive while under the influence, the province will introduce heftier fines and new testing machines that will determine if someone has decided to smoke up and drive. The second benefit of the government regulating and overseeing the sale of marijuana is that it assists the police and municipalities in the fight to close down illegal weed “dispensaries”, which they have been trying to do for some time – some of which are supplied by or operated by organized crime gangs. The LCBO will only be getting its product from the medical producers licenced by Health Canada in an effort to close scores with them. Announced today, the prices will be kept competitive with the black market, 40 stores and online sales will be active on July 1, 2018, and 80 by 2019, up to 150 in 2020. For more on the plan that was unveiled today, please see this link to the Toronto Sun article. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Cannabis LawSeptember 11, 2017June 18, 2020