Democratic lawmaker calls on DHS to clarify border rules for Canadian marijuana users and workers
A Democratic lawmaker is calling on the Department of Homeland Security to clarify border rules for Canadians who use marijuana or work in the soon-to-be legal pot industry.
With Canada’s legalization of marijuana coming into effect on Oct. 17, “an immediate clarification of DHS’ admission policies is critical,” Rep. Lou Correa (D-Calif.) wrote in a letter to DHS Secretary Kirstjen Nielsen.
“We strongly urge DHS to clarify admission policies and procedures at U.S. ports of entry to help ensure transparency of such processes,” wrote Correa, the ranking member of the House Homeland Security Oversight Subcommittee. “We are concerned DHS is unnecessarily and disproportionally penalizing noncitizens who are engaged in lawful business activities.”
Marijuana smokers, as well workers and investors in the cannabis industry, risk a lifetime ban on travel to the U.S. under existing laws that designate drug users and traffickers as “inadmissible” to the U.S., a senior official at U.S. Customs and Border Protection told POLITICO this week.
Correa requested that DHS clarify a variety of questions, including what criteria DHS will use to determine that a traveler is associated with the cannabis industry and what categories of cannabis-related industry will undergo additional questioning.
A spokesman for Correa said the congressman intends to use the information to propose a legislative fix.
Meanwhile, the Canadian government issued a statement Friday confirming that marijuana use could result in a ban on entry into the U.S., but stopped short of asking for a change to the law or additional clarification of the policy.
“Previous use of cannabis, or any substance prohibited by U.S. federal laws, could mean that you are denied entry to the U.S. Involvement in the legal cannabis industry in Canada could also result in your being denied entry,” said Bill Blair, minister of Border Security and Organized Crime Reduction, in a statement.
Noting that 1 in 8 Canadians use cannabis today yet 400,000 people cross the Canada-U.S. border each day, Blair acknowledged the U.S. has the right to set its own border policy.
“The United States has the sovereign jurisdiction to deal with people crossing the border into their country, just as we have the same powers for those entering into Canada. Although the possession of cannabis is legal in some U.S. states, cannabis remains illegal under US federal law. Canadians who wish to enter the United States or any other country have to adhere to its laws,” the statement read.