Work, investment in cannabis industry shouldn't affect travel to U.S., lawyer says - Action News
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Work, investment in cannabis industry shouldn't affect travel to U.S., lawyer says

People who engage in legal cannabis activities in Canada when pot becomes legal next month should not have to fear crossing the border into the United States, says U.S. immigration lawyer Julie Kruger.

'If a Canadian is engaging in legal activity in Canada, that's not a bar to coming into the U.S.'

A line of cars heading into a small border crossing station in Calais
Working or investing in the legal marijuana industry in Canada should not bar you from entering crossing the border, says U.S. immigration lawyer Julie Kruger. (Robert F. Bukaty/Associated Press)

People who engage in legal cannabis activities in Canada when pot becomes legal next month should not have to fear crossing the border into the United States, says U.S. immigration lawyer Julie Kruger.

Kruger was responding to a warning from a top official at the U.S. Customs and Border Protection Agency that anyone showing signs of drug activity, including people who work or invest in the cannabis industry, could be slapped with a lifetime ban from the U.S.

Kruger said federal prohibitions against marijuana use and possession inthe U.S.wouldn'thave an impact on people following the law in Canada.

"What their purpose is is to be looking for people who are going to engage in illegal activity in the U.S. or people who have convictions outside of the U.S. for things that would beillegal in the U.S. as well."

Anyone witha previous marijuana conviction might also encounter problems, she said.

"But if a Canadian is engaging in legal activity in Canada, that's not a bar to coming into the U.S.," she said. "The bar would really come in if they were intending to engage in that illegal activity in the U.S."

Kruger said she saw the news story that warned people they could face a lifetime ban if theyinvested in cannabis companiesor worked in the industry.

"Simply working in the marijuana industry or investing in the marijuana industry in Canada, engaging in lawful activity in Canada is not barred under theImmigration and Nationality Act," she said.

"It would be, 'Are you coming to engage in illegal business in the U.S.? Are you going to be trafficking drugs into the U.S illegally?'"

Looking for signs

Kruger said it's her understanding border officers will not be asking every single Canadian if they smoke marijuana but they will be looking for signs a person may engage in that activity in the U.S.

"For instance, does the car smell like marijauna, can they see marijuana in the car, does the dog indicate a smell of marijuana?'

Information like that will form the basis of further questioning, she said.

Kruger said people who admit to usingmarijuana before it becomes legal in Canada would be subjected to further questioning and possibly would have to prove they aren't drug abusers by being examined by a doctor.

A person rolling a joint.
Marijuana will be legal in Canada on Oct. 17. (Juan Mabromata/AFP/Getty Images)

And those who tell border agents they work in the marijuana industry shouldn't be stopped from going into the U.S., she said.

"You can tell them I'm not violating the laws of the U.S. by investing or working in the marijuana industry in Canada."

It would be a problem, however, if someoneplanned to expandbusiness or investments in marijuana in the U.S.

Kruger suggested thatanyone with concerns contact an immigration lawyer in the U.S. to get solid legal advice before going to the border.

She said that there is no expectation of privacy at the border and she warned that border officials can access a lot of information on people very quickly.

"It's not a good idea to lie at the border."

With files from Information Morning Fredericton