Legalizing pot won’t help at U.S. border: immigration lawyer

Blanket pardons might not be coming for past marijuana conviction

The federal government has not committed to any pardons for marijuana-related offences.

The federal government has not committed to any pardons for marijuana-related offences.

The Trudeau government has pledged to legalize marijuana in the spring, but anyone who’s been convicted of a pot-related crime won’t be off the hook right away.

A federal task force on legalization recommended this week to allow storefront and mail-order sales of marijuana to people 18 years old and up, and to not sell it alongside cigarettes or alcohol.

But just the federal Liberals, it said little about how the government should go about pardoning those who’ve been convicted of possession, trafficking, or production or marijuana, and more, once marijuana is made legal.

“The impact of being arrested and convicted for simple cannabis possession offences has serious ramifications,” it reads. “The stigma of arrest, and the possibility of having a criminal record, are life-long consequences.”

Possession of marijuana is a federal offence under the Controlled Substances Act. A first conviction can lead to fines of up to $1,000, six months in jail or both. It can also lead to a criminal record.

Currently, people convicted of possession of up to 30 grams of marijuana can apply for a pardon, or record suspension, five years after they complete their sentence.

Federal Public Safety Ministry press secretary Scott Bardley said Friday there is no change to that expected at this time.

Workarounds

Even if a pardon is granted, it still might not help those wanting to cross the Canada-U.S. border.

Alexander, a middle-aged man from the Lower Mainland who declined to provide his last name, was arrested for marijuana possession for getting caught with 1.5 grams of marijuana in his apartment in 1980.

“I had enough on me to make make maybe three joints,” he said.

He received a conditional discharge – meaning that after he served out his probation and completed his community service, he’d no longer have a criminal record.

Alexander thought the matter was finished and didn’t have any problem crossing the border until a customs agent questioned him at the Osoyoos crossing a few years later.

“I was honest – I said I got caught with a gram and a half of pot in Canada.”

He was banned from entering the U.S. for more than a decade until a landmark court case in 2001 permitted entry into certain states.

But then, just weeks before Alexander and his now-wife were set to get married in New York City five years ago, he was again denied entry while trying to head south.

“That’s when we went to Len and he got me the waiver,” Alexander said.

Leonard Saunders, an immigration lawyer in Blaine, said a pardon from the Canadian government doesn’t mean anything to U.S. border security.

“Any individual who’s not American who has a criminal conviction for a crime involving moral turpitude or controlled substances can be denied entry,” said Saunders. “A pardon will change nothing.”

Even mentioning past marijuana usage at the border can get you a permanent denial to the U.S. – unless you get a waiver, Saunders said.

Alexander has one that will last him through to 2021.

Issues south of the border

Legalization advocate Dana Larsen has a similar story from about 20 years ago.

“They asked me at the border if I’d ever used marijuana and I foolishly said that I had in the past. That got me banned for the rest of my life,” said Larsen. “I haven’t tried to appeal it because I’m still involved in the marijuana culture and I figured if I brought them more information about myself it would only reaffirm their decision.”

Larsen said he knows many others who’ve faced the same fate and is also concerned that even if Canada legalizes marijuana is legalized, it won’t affect anyone travelling to the U.S.

“If you’re a Canadian, even with legal marijuana in Canada, if they ask you if you’ve used marijuana and you say yes, they can ban you,” he said. “If you have a previous conviction for a cannabis offence of any kind, that will also get you banned from the U.S. forever.”

He doesn’t see a way to solve that north of the border.

“Other than putting political pressure on the American government, there’s not a lot Canada can do to change American policy,” he said, noting that there’s a certain irony to being denied entry to the United States at a border between two jurisdictions where marijuana is legal. That’s because marijuana is still illegal under federal law in the U.S.

“That’s probably going to be one of the last things to change. I do not see the Trump administration making cross-border access for marijuana smokers a high priority.”

Canada Marijuana Legalization Taskforce

 

 

@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

School District 8 says a COVID-19 exposure has occurred at Nelson’s Rosemont Elementary. Photo: School District 8
Class at Nelson’s Rosemont Elementary in isolation after COVID-19 exposure

It’s not clear if any students or teachers were infected

FILE — In this March 31, 2021 file photo, a nurse fills a syringe with a dose of the Johnson & Johnson’s one-dose COVID-19 vaccine at the Vaxmobile, at the Uniondale Hempstead Senior Center, in Uniondale, N.Y. The U.S. is recommending a “pause” in administration of the single-dose Johnson & Johnson COVID-19 vaccine to investigate reports of potentially dangerous blood clots. In a joint statement Tuesday, the Centers for Disease Control and Prevention and the Food and Drug Administration said it was investigating clots in six women in the days after vaccination, in combination with reduced platelet counts. (AP Photo/Mary Altaffer, File)
72 new COVID-19 cases in Interior Health

This brings the total number of cases in the region to 9,666 since the pandemic began

BC Assessment stats show the majority of Baker Street properties are likely to be locally owned. Photo: Bill Metcalfe
Data shows Nelson locals own majority of Baker Street properties

BC Assessment provided mailing address stats for the city’s main street

The toxic drug supply crisis was announced on April 14, 2016. File photo
Nelson demonstration to mark five years of toxic drug supply crisis

An information booth will also be available at ANKORS

Kootenay-Columbia MP Rob Morrison. Photo courtesy Conservative Party of Canada.
MP Morrison hopes for economic recovery plan in upcoming federal budget

Kootenay-Columbia Conservative looking for post-pandemic recovery plan in next week’s Liberal budget

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has restricted indoor dining at all restaurants in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 indoor dining, drinking ban extending into May

Restaurant association says patio rules to be clarified

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

B.C. Premier John Horgan speaks at the B.C. legislature. (B.C. government)
Tougher COVID-19 restrictions in B.C., including travel, still ‘on the table’: Horgan

John Horgan says travel restrictions will be discussed Wednesday by the provincial cabinet

Protesters occupied a road leading to Fairy Creek Watershed near Port Renfrew. (Submitted photo)
B.C. First Nation says logging activist interference not welcome at Fairy Creek

Vancouver Island’s Pacheedaht concerned about increasing polarization over forestry activities

Flow Academy is not accepting membership applications from anybody who has received a dose of the vaccine, according to a password-protected membership application form. (Submitted image)
B.C. martial arts gym refusing patrons who have been vaccinated, wear masks

Interior Health has already issued a ticket to Flow Academy for non-compliance with public health orders

Guinevere, lovingly referred to by Jackee Sullivan and her family as Gwenny, is in need of a gynecological surgery. The family is raising money to help offset the cost of the procedure. (Jackee Sullivan/Special to Langley Advance Times)
Langley lizard’s owners raise funds for gynecological surgery

The young reptile is scheduled for operation on Tuesday

Facebook screenshot of the sea lion on Holberg Road. (Greg Clarke Facebook video)
VIDEO: Sea lion randomly spotted on remote B.C. logging road

Greg Clarke was driving home on the Holberg Road April 12, when he saw a large sea lion.

Defence counsel for the accused entered two not guilty pleas by phone to Grand Forks Provincial Court Tuesday, Jan. 12. File photo
B.C. seafood company owner fined $25K for eating receipt, obstructing DFO inspection

Richmond company Tenshi Seafood is facing $75,000 in fines as decided March 4 by a provincial court judge

B.C. Finance Minister Selina Robinson speaks in the B.C. legislature, March 2, 2021. (Hansard TV)
B.C. NDP ministers defend ‘air tax,’ latest COVID-19 business aid

Empty home tax doesn’t apply to businesses, but space above them

Most Read