With the legalization of cannabis in Canada, many Canadians are unsure if their history with cannabis, including past use or criminal charges, requires them to get a U.S. Entry Waiver for traveling to the United States.
In this blog, I’ll break down the top 5 tips Canadians need to know about marijuana use in the context of traveling to the United States.
Here are the top 5 tips Canadians need to know about marijuana and traveling to the United States.
Tip #1: Canada’s Laws Don’t Matter
Even though recreational cannabis is legal in Canada, it remains illegal federally in the U.S. This means that at the border, any admission of use or convictions related to marijuana will make you criminally inadmissible to enter the United States. That means you will need a U.S. Entry Waiver.
Where some people get confused is that a number of states have legalized cannabis. But state legalization does not apply at borders, which operate under federal law. And under U.S. Federal law, marijuana is a Schedule 1 controlled substance, meaning it’s illegal.
Simply put, for Canadians no amount or type of cannabis is legal under U.S. federal law.
Tip #2: Any Conviction = Entry Ban
Any criminal conviction in Canada related to cannabis, no matter how minor, will result in a permanent ban from entering the U.S. It does not matter if it was a small amount for personal use with no intent to traffic or sell. Even a conviction for simple possession will require you to get a U.S. entry waiver to travel legally to the United States.
Tip #3: Admission of Use = Entry Ban
You don’t need a criminal conviction on your criminal record to face a ban from entering the United States.
Simply admitting to a U.S. CBP officer that you have used marijuana in the past will trigger a finding of criminal inadmissibility. This would bar your entry to the United States similar to those with criminal convictions.
This means the only way you can legally enter the United States is to get a U.S. Entry Waiver.
Tip #4: Pardons Mean Nothing
If you have a minor cannabis conviction that was pardoned in Canada, it unfortunately carries no weight in the U.S.
The U.S. CBP does not recognize any Pardons or Record Suspensions granted by the Parole Board of Canada.
As far as the U.S. CBP is concerned, you will be criminally inadmissible and will need a U.S. Entry Waiver.
Tip #5: Medical Use is Illegal
Many Canadians have asked me whether legitimate medical cannabis prescriptions would make entry into the United States legal. And the answer is no.
Because cannabis is federally illegal in the U.S., any use, including doctor-prescribed medical use, will result in denied entry which will require you to get a U.S. Entry Waiver to travel to the United States.
What happens if a Canadian admits past cannabis use at the U.S. border?
Admitting past cannabis use to a U.S. CBP officer can lead to a finding of criminal inadmissibility, similar to having a criminal conviction. This results in a ban from entering the U.S., and the only way to legally enter is with a U.S. Entry Waiver.
Does a Canadian’s minor cannabis conviction affect U.S. entry?
Yes, any Canadian criminal conviction related to cannabis, regardless of its severity, results in a permanent ban from entering the U.S. This applies even to minor offenses like simple possession. A U.S. Entry Waiver is required for legal travel to the U.S. in such cases.
