Yes. If you admit to having used cannabis when asked by a U.S. Customs and Border Control (CBP) Officer you can be denied entry and banned from the United States for life. This applies even if:

• you are entering a U.S. state where the drug is legal
• you are authorized to use cannabis for medical purposes

CBP officers have a great deal of authority to ask questions when determining the admissibility of a foreign national, including asking about drug use. Moreover, an officer may find residue on a person or their possessions during a search, or certain behaviour or a scent may raise suspicion that prompts further questioning.

Can you refuse to answer?

You have no legal obligation to answer any questions a border officer asks, and you can refuse to answer and withdraw your request to enter the US. However, if you do not answer their questions, and do not voluntarily withdraw your request to enter, you will most likely be refused entry into the U.S. In both cases, your name may be entered into one or more of the U.S. databases, which will most likely result in closer scrutiny during your next border crossing.

What if you have a past Canadian drug offence?

Under U.S. federal law, you are inadmissible to the U.S. if you have either been “convicted of” or “admit to having committed” a violation of drug laws in the U.S. or elsewhere.

If someone attempts to enter the U.S. with a drug related criminal record, Border Officers can assess this information by conducting a search of CPIC (Canadian Police Information Centre) – the database run by the RCMP that contains and provides access to various criminal record data banks. CBP Officers have the authority to conduct a search using the person’s name and date of birth.

CBP Officers can then download your criminal record information into their system, and it will be retained forever. The U.S. will identify the individual as being an Illegal Alien and assign a lifetime Alien Number (A#) to them. From then on, every time the person tries to cross the border, they will be stopped because of the criminal record.

What if you are found inadmissible?

If you have been denied entry and receive a ban from entering the U.S., you will have to apply for a U.S. Entry Waiver in order to visit the U.S. in future. For more information about U.S. Entry Waivers, refer to the USA Travel and Immigration section of Legal Line.

If you have a criminal record but have received a record suspension (pardon) your record is removed and stored in a separate database. In such cases, and provided that you have never been denied entry to the U.S., and you have never told the U.S. about your past, then the CBP will not have a record of this in any U.S. database, and should not be able to see your past offence in a Canadian database. For more information on criminal records and how to remove them, refer to the Criminal Records section of Legal Line.

Get help

To erase your criminal record for simple cannabis possession or any other criminal charges, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a criminal offence, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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