Lawyers urge to seek compromise with U.S. on cannabis at border

WASHINGTON — Canadians involved in the legal cannabis industry are facing deep potholes on the road to entering the United States — and immigration lawyers say the federal government needs to help them navigate a way through.

The U.S. Customs and Border Protection agency sent tremors through the country’s burgeoning cannabis sector last week with word that legalization in Canada won’t change the fact that American laws treat marijuana as a banned substance, and industry insiders as drug traffickers.

Despite the fact that some jurisdictions in North America permit the use of medical and recreational marijuana, U.S. federal law continues to prohibit its sale, possession, production and distribution, an agency spokesperson said in a statement.

“Consequently, 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,” the statement said.

“Working in or facilitating the proliferation of the legal marijuana industry in U.S. states where it is deemed legal or Canada may affect a foreign national’s admissibility to the United States.”

Having fast-track, frequent-traveller status such as a Nexus card is no guarantee either, warned Jon Jurmain, an immigration lawyer based in Thorold, Ont., outside St. Catharines.

“I have a U.S. citizen client who had his Nexus pulled because a dog smelled pot on his passenger, and my client answered a question about smoking pot and admitted to previously smoking pot,” Jurmain said in an email. “No pot was found.” In the meantime, common sense should prevail for anyone trying to enter the U.S., said Jurmain.

“Do not smell like pot. Do not have people in your car who smell like pot. (And) obviously, don’t have pot.”