Can Canadians Be Denied Entry to the United States for Cannabis Use?

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Guidy Mamann discusses an important issue for Canadians travelling to the United States: questions from U.S. border officials about past cannabis use. While it is not common for officers to ask whether a traveller has used marijuana, U.S. Customs and Border Protection (CBP) officers have broad authority to ask questions they consider relevant to determining a person’s admissibility.

Cannabis Is Legal in Canada – Why Can You Still Be Found Inadmissible to the United States?

Many Canadians are surprised to learn that, despite the legalization of cannabis in Canada and in many U.S. states, admitting to past cannabis use can still have serious consequences under U.S. federal immigration law. In some circumstances, an admission to using an illegal drug may result in a finding that a traveller is inadmissible to the United States, even if the conduct was entirely lawful where it occurred.

This video explains how U.S. immigration law treats cannabis-related admissions, what questions may be asked at the border, and why Canadians should understand the risks before travelling.

Legal Options to Overcome U.S. Inadmissibility

A finding of inadmissibility does not necessarily mean that you can never travel to the United States again. Depending on the circumstances, it may be possible to obtain permission to enter the United States by applying for a U.S. waiver of inadmissibility. If approved, a waiver may allow an otherwise inadmissible traveller to enter the United States for business, tourism, family visits, or other legitimate purposes.

Watch Guidy Mamann explain the legal framework surrounding cannabis-related inadmissibility to the United States, the consequences of admissions made at the border, and the legal avenues that may be available to overcome a finding of inadmissibility.

Immigration law and policy is subject to change, sometimes without notice and/or with retroactive effect. The information on this website is provided for general information only and does not constitute legal advice. It does not create a solicitor-client relationship between the reader and Mamann Sandaluk LLP. Readers should neither act nor refrain from acting based on any information on this website without first obtaining independent legal advice from a qualified lawyer. Mamann Sandaluk LLP makes no representation as to the accuracy, completeness, or currency of the information contained herein and accepts no responsibility for any loss or damage arising from reliance upon it.