U.S. Customs and Border Protection Updates Policy on Canadians Employed in Legal Marijuana Industry

Until recently there was considerable uncertainty in Canada when it came to how U.S. Customs and Border Protection would treat Canadians who were soon to be lawfully employed in the marijuana industry and who would be seeking entry to the U.S.

Fortunately, on October 9, 2018, U.S. Customs and Border Protection issued a formal statement, which is reproduced in part below, on Canada’s Legalization of Marijuana and Crossing the Border:

A Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the U.S. for reasons unrelated to the marijuana industry will generally be admissible to the U.S. however, if a traveler is found to be coming to the U.S. for reason related to the marijuana industry, they may be deemed inadmissible.

https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-canadas-legalization-marijuana-and-crossing-border

The upshot is that while this certainly assisted in clarifying matters for Canadians who are or soon to be employed in the marijuana industry in Canada and wanting to travel to the United States it left several questions answered.

Namely, which activities will be considered “unrelated to the marijuana industry”? For example, would a Canadian citizen or permanent resident attending a marijuana related tradeshow in the United States be deemed inadmissible?

Given this ongoing uncertainty it is a good idea to consult with a U.S. immigration lawyer prior to planning a trip to the United States.

The content made available on this website has been provided solely for general informational purposes as of the date published and should NOT be treated as or relied upon as legal advice. It is not to be construed as a representation, warranty, or guarantee, and may not be accurate, current, complete, or fit for a particular purpose or circumstance. If you are seeking legal advice, a professional at Pushor Mitchell LLP would be pleased to assist you in resolving your legal concerns in the context of your particular circumstances.

It is prohibited to reproduce, modify, republish, or in any way use content from this website without express written permission from the Chief Operating Officer or the Managing Partner at Pushor Mitchell LLP. Third party content that references this publication is not endorsed by Pushor Mitchell LLP and in no way represents the views of the firm. We do not guarantee the accuracy of, nor accept responsibility for the content of any source that may link, quote, or reference this publication.

Please read and understand our full Website Terms of Use and Disclaimer here.

Legal Alert, Pushor Mitchell’s free monthly e-newsletter