Legal Cannabis Use Not Okay for Nexus
Canadians Losing Nexus Passes By Admitting Legal Cannabis Use – LPC
Canadians who admit legal cannabis use after October 19, 2018 may be eligible to enter the United States, but they’ll be denied a Nexus pass. The pass issued jointly by both Canadian and US border officials allows citizens of both countries to cross the border faster and easier.
The revelations came from a released October 2018 document from the US Customs and Border Protection (CBP). In a section titled “Trusted Traveler Program”, which is the name of the Nexus card program, it states:
“If an alien admits to the use of marijuana (post legalization) he or she is technically admissible to the U.S., but would not be eligible for a Trusted Traveler Program.
The document became public when it was submitted as evidence in a legal proceeding, according to Global News. (Please see link to full article below.)
One dual citizen, who didn’t want to be named, was denied a Nexus pass when he reapplied for it based on his legal use. He admitted to legal cannabis use once after legalization, just to try it. However, under CBP policy, that made him a drug abuser and therefore not a low-risk person.
“The worst I’ve ever gotten is a speeding ticket,” he said. “I can’t believe this is actually happening to me. Even though it’s federally prohibited in the U.S., it’s legal in Canada. How can you hold that against me? It doesn’t make any sense.”
Legal Cannabis Use Policies Still Reflect US Federal Cannabis Laws – LPC
The bottom line is, entry into the United States is not a right if you do not have US citizenship. CBP agents can deny entry on any number of grounds. According to the same CBP guide, “All aliens entering the US are presumed to be intending immigrants until they satisfy during an inspection that they are otherwise admissible.”
The document also states specifically that Canadians admitting to legal cannabis use wouldn’t be found inadmissible. However, Nexus card holders are held to a higher standard.
Immigration lawyer Len Saunders said those denied a Nexus pass, even after admitting legal cannabis use, don’t have any options for overturning the lifetime ban.
“The people are dumbfounded. When I tell them there’s really not a lot I can do, they’re shocked.”
CBP Policy Changing Over Time – LPC
An earlier article posted on LPC seems to refer to this same CBP October 2018 guide. In a news conference, the CBP said that any past use of cannabis would still make a person inadmissible to the US. Further, legally buying stocks related to cannabis in Canada, participating in the cannabis industry legally in Canada, and other activities would do the same. They hinted at the fact that legal cannabis use post-legalization would not be. That is confirmed in the newly released document.
Many of those restrictions have since been lifted. However, there are still tensions around legal cannabis use and other legal activities in Canada, as this Nexus story proves. Other examples include Canadian mail being inspected at the border. Canada Post reported that its mail trucks are routinely stopped and inspected with legal cannabis shipments made within Canada seized.
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