Cannabis Law Prof Blog

Editor: Franklin G. Snyder
Texas A&M University
School of Law

Saturday, September 15, 2018

Canadian pot investors face potential US entry problems

AaaMarijuana will soon be legal in Canada, but is still illegal in the United States.  This means that those who are involved in cannabis businesses in the Great White North may find themselves running into trouble at the U.S. border as they attempt to enter the country.

Over at MarketWatch, reporter Jeremy C. Owens runs down some of the issues:

Todd Owen — a senior officer with U.S. Customs and Border Protection, or CBP, overseeing border operations — told Politico in an interview published Thursday that border agents would still seek to permanently ban any foreign visitor who admits to working or investing in the cannabis industry, or admits to have taken the drug, even after recreational marijuana use becomes legal in Canada on Oct. 17.

MarketWatch confirmed that stance in an email exchange with a CBP spokeswoman, who said investors could face a permanent ban from entering the U.S.

“Although medical and recreational marijuana may be legal in some U.S. states and Canada, the sale, possession, production and distribution of marijuana or the facilitation of the aforementioned remain illegal under U.S. federal law,” spokeswoman Stephanie Malin said in a statement.

In a follow-up exchange, Malin confirmed that investing in publicly traded marijuana companies, including those traded legally on U.S. exchanges, is considered “facilitation” of illicit drug trade under CBP policy.

“That’s the first [time] I’ve actually heard them say a Canadian-only enterprise is an illegal enterprise for U.S. entry purposes,” said Scott Railton, a lawyer at Cascadia Cross-Border Law in Bellingham, Wash.

. . .

Lawyers who spoke with MarketWatch said guards at the border have the freedom to ask any questions they deem fit.

”They have really absolute power, in a nutshell,” Preshaw said.

At least until the situation in the U.S. changes, those entering from Canada will have this issue.  But it would be incredibly dumb for such visitors to lie to U.S. border agents.  Investing in a marijuana business may prevent you from entering the U.S.  Lying about it will get you entry into the U.S., but as a resident of a federal corrections facility.

--Frank Snyder

 

September 15, 2018 in Federal Regulation, International Regulation, Law Enforcement, Recreational Marijuana, Travel | Permalink | Comments (0)

Sunday, September 9, 2018

Smartphone app lets users know they are too high to drive

AaaA Massachusetts psychology professor has come up with an app he says can inform users when they are too impaired to drive.  Dr. Michael Milburn of UMass-Boston has come up with the DRUID ("Driving Under the Influence of Drugs") cellphone app which users, he says, can use to see if they can drive.  The Georgia Straight reports how the app works:

The five-minute test is accessible from a phone or tablet and requires users to complete four tasks to determine a level of impairment.

The app has three modes: “practice”, “baseline”, and “test”. Although the software mimics a simple, but tough, video game, users can’t technically fail the levels, but do need to set a baseline sober score, first. Users are encouraged to play around with the practice mode a few times before taking a stab at a sober score, which is calculated from the most recent ten scores achieved on baseline mode.

Once a sober score has been calculated, users can whip out their phone post-blaze and test their stoned results against their standard baseline.

Sound simple enough? Not quite. Druid measures every move, from the shake and wobble of the device during a balancing level to the user’s ability to follow complicated instructions—all of which are meant to emulate the demands of operating a motor vehicle.

Until the driver scores within approximately five percent of their sober baseline, the app urges users to find another mode of transportation.

Also note that this app will cost you a few dollars and its test scores do not establish a legal defense to driving impaired.

--Wyatt Hinson

September 9, 2018 in Business, News, Recreational Marijuana, Research, Travel | Permalink | Comments (2)

Friday, September 1, 2017

How Nevada's Gambling Regulators Plan to Separate from the Marijuana Industry

Las VegasIn Nevada, gambling regulators are refusing to collaborate with the marijuana industry.  Taking a harsh stand, the Nevada Gaming Commission disclaimed that there will be no place for marijuana in Nevada casinos as long as the federal government views its consumption and possession as a felony, according to a piece in the Insurance Journal

 

Commissioners said the reputation of the gaming industry is at stake and there needs to be clear separation.

 

“On one hand you have the gaming industry and on the other hand you have the marijuana industry … The two shall not meet,”

Commission Chairman Tony Alamo said.

 

Commissioners did, however, spend more than an hour discussing what Alamo said would be the least controversial aspects of potentially bringing marijuana into casino resorts – third-party and business associations between licensees and individuals and companies involved in the marijuana industry.

 

That aspect was shot down, though. No votes were taken, but commissioners unanimously concluded that licensees should be discouraged from hosting shows or conferences that promote the use, sale, cultivation or distribution of marijuana.

 

Licensees also shouldn’t maintain business relationships with marijuana companies, including landlord-tenant arrangements.

 

Commissioners also said licensees should not receive financing from or provide financing to an individual, entity or establishment that sells, cultivates or distributes marijuana.

 

September 1, 2017 in Business, Legislation, Medical Marijuana, News, Politics, State Regulation, Travel | Permalink | Comments (0)