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Can you legally visit the U.S. if you work in the cannabis industry in Canada?

Region: Ontario Answer # 2588

Although a growing number of states have decriminalized it, and many states have legalized it, recreational and medical marijuana remain illegal under U.S. Federal law. Only CBD is legal if the percentage of THC it contains does not exceed the prescribed amount (0.3 percent).

According to U.S. Customs and Border Protection (CBP),

“if you’re 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 and you are allowed to enter the U.S.”

Examples of this include investing in a legal Canadian marijuana business (a producer or a retailer), owning a business, or being an executive of one.

However, the decision of whether to deny someone entry to the U.S. is made solely at the discretion of the CBP Officer at the border crossing. A CBP Officer may deny a person entry if they feel the person is a threat to their country. Therefore, it is possible that the Officer could interpret working in the cannabis industry as evidence that you are a drug retailer benefitting from the proceeds of crime, and you may be denied entry.

In addition, visitors who are visiting the U.S. for reasons related to the cannabis industry, such as to attend a cannabis conference, may be deemed inadmissible, even if you are going to a U.S. state where cannabis is legal.

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 1-866-961-4963 .


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