Will Canadians linked to the cannabis industry soon be banned from the United States?

While the United States has just’authorize Canada to export medical cannabis to California for scientific research, Canadians linked to the cannabis industry could remain stranded at the border between the two countries and be banned from entering the U.S., according to the Politico website.

«We don't recognize this as a legal activity,» said Todd Owen of the US Customs and Border Protection (CBP).

U.S. customs continue to apply federal laws to entry into the country, even if the state of arrival authorizes cannabis consumption for adults or sick people. Workers in the cannabis industry are also considered to be drug traffickers, and are therefore inadmissible to the USA, whether they are simply investors, project promoters or directly involved with the plant.

«Our officers aren't going to ask everyone if they've used cannabis, but if other questions lead to it, or if there's an odor coming from the car, they might ask,» said Owen. Similarly, if CBP inspection dogs were able to detect cannabis residue, which can remain for weeks inside a car, it could lead to more questions. When it comes to drug use, travelers shouldn't lie, he said. «If you lie about it, it's fraud and misrepresentation, which carries a lifetime ban,» Owen added.

Mere declared consumption is thus grounds for refusal of entry to the country. Those concerned are then offered a «voluntary departure» from the border, or may be subject to an «accelerated departure», i.e. with less delicacy.

A U.S. congressman sought to find out more about the rules governing entry bans. «We are concerned that the DHS is unnecessarily and disproportionately penalizing non-citizens for engaging in lawful business activities,» reads the letter from Lou Correa (California Democrat), whom Marijuana Moment purchased.

In the letter, Correa requests answers to several questions by October 1, namely two weeks before the legalization of cannabis in Canada, including how the department will determine that a foreigner is associated with the cannabis industry and how it will determine that a second round of questioning is appropriate.

It also seeks to understand which types of companies and industry professionals should undergo additional questioning before crossing the border, and what constitutes a lifetime ban.

Despite the risks, specialist lawyers recommend against lying if the question is asked, especially if your activity is known or easily verifiable online.