Travellers caught attempting to cross the border with cannabis or cannabis products face severe penalties both in Canada and in the U.S. This applies even if it is medical cannabis, or if you are travelling to a U.S. State where cannabis use is legal. You may be deemed inadmissible and banned from entering the U.S., in which case you would have to apply for a special waiver in order to visit the U.S. in future.

U.S. Customs and Border Protection (CBP) Officers have the power to conduct searches without a warrant at every U.S. border crossing checkpoint. Whether you are attempting to enter the U.S. by car, plane, or boat, Officers can search your vehicle, yourself, your passengers, and everyone’s possessions.

Basic search

Officers do not need to have a suspicion of illegal activity in order to conduct basic searches of electronic devices like cell phones, tablets, laptops, digital cameras, and hard drives. These searches could reveal evidence of cannabis use such as photos, receipts of cannabis purchases, or evidence of planned activity involving cannabis in the U.S. Officers can open files, look at websites you have visited, and read your emails and text messages.

Officers can demand you tell them your password for the devices, and while you can refuse to do so, your device could then be seized, or the Border Officer could delay your travel or deny you entry if you are not a U.S. citizen.

Advanced search

As per a 2018 CBP Directive: Border Search of Electronic Devices, if CBP Officers have a reasonable suspicion of illegal activity, they may conduct more advanced searches that involve connecting electronic devices to external equipment to review, copy or analyze its contents. However, they may not intentionally access information stored remotely, such as in a cloud. To prevent this from inadvertently happening, they must ask travellers to disable internet connectivity, or where authorized due to security concerns, they could disable it themselves.

What if I am asked about cannabis use or possession?

If a CBP Officer asks you if you have ever consumed cannabis and the answer is yes, or asks what type of business you work in, and you work in the cannabis industry, you may be denied entry. If you are caught lying to a CBP Officer about cannabis use, you also may be deemed inadmissible.

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.

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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