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.

 

Just Posted

/  Bob Friesen Photos
PHOTOS: Father’s Day Parade cruises through Mission

Taking It To The Streets event featured about 100 vintage vehicles

Special weather statement issued for Fraser Valley as first summer heat arrives June 20, 2021, and set to persist all week. (Photo by James Day on Unsplash)
Second day of hot temperatures rippling across Fraser Valley

Communities from Abbotsford to Hope will see daytime high maximum temps of 32 degrees

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

The theme for this year’s Fraser Valley Regional Library Summer Reading Club is “Crack the Case” and Katie Burns, community librarian at the Chilliwack Library, is encouraging people of all ages to sign up. She is seen here at the Chilliwack Library on Friday, June 18, 2021. (Jenna Hauck/ Chilliwack Progress)
Crack the case, read, win prizes with FVRL Summer Reading Club

‘Immerse yourself in other worlds and have a bit of fun while you do it,’ says Chilliwack librarian

Police tape is shown in Toronto Tuesday, May 2, 2017. Statistics Canada says the country's crime rate ticked up again in 2018, for a fourth year in a row, though it was still lower than it was a decade ago. THE CANADIAN PRESS/Graeme Roy
CRIME STOPPERS: ‘Most wanted’ for the week of June 20

Crime Stoppers’ weekly list based on information provided by police investigators

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

Indigenous rights and climate activists gathered outside Liberty Mutual’s office in Vancouver to pressure the insurance giant to stop covering Trans Mountain. (Photo by Andrew Larigakis)
Activists work to ensure Trans Mountain won’t get insurance

Global campaign urging insurance providers to stay away from Canadian pipeline project

In the first election with public money replacing corporate or union donations, B.C. Liberal leader Andrew Wilkinson, B.C. Greens leader Sonia Furstenau and B.C. NDP leader John Horgan take part in election debate at the University of B.C., Oct. 13, 2020. (THE CANADIAN PRESS)
B.C. MLAs ponder 2022 ‘sunset’ of subsidy for political parties

NDP, B.C. Fed call for increase, B.C. Liberals have no comment

Emergency crews shut down White Rock’s Five Corners district on Feb. 19, 2020 following an assault. (File photo)
Trial underway in February 2020 death of White Rock senior

Ross Banner charged with manslaughter following Five Corners altercation

Investigators use a bucket to help recover human remains at a home burned in the Camp fire, Thursday, Nov. 15, 2018, in Magalia, Calif. Many of the missing in the deadly Northern California wildfire are elderly residents in Magalia, a forested town of about 11,000 north of the destroyed town of Paradise. (AP Photo/John Locher)
‘Forever War’ with fire has California battling forests instead

Five of the state’s largest-ever blazes seared California last year, as authorities tackle prevention

Tokyo 2020 President Seiko Hashimoto and IOC President Thomas Bach, on a screen, speak during a five=party online meeting at Harumi Island Triton Square Tower Y in Tokyo Monday, June 21, 2021. The Tokyo Olympics will allow some local fans to attend when the games open in just over a month, Tokyo organizing committee officials and the IOC said on Monday. (Rodrigo Reyes Marin/Pool Photo via AP)
Tokyo Olympics to allow Japanese fans only, with strict limits

Organizers set a limit of 50% capacity — up to a maximum of 10,000 fans

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Most Read