Thursday, September 27, 2018
Will Canada's New Cannabis Laws Create a New Border Problem?
With Canada legalizing adult-use marijuana, effective October 17, 2018, it is expected that Canadian citizens will partake in this new industry, either through consumption or investment means. While the substance may be legal in Canada, and a few U.S. states that border Canada, crossing the border could become difficult.
In an interview with The Star Vancouver, Len Sanders, a Washington based immigration attorney, explained how the federally controlled U.S.-Canada border has begun to classify those in the marijuana industry as "drug traffickers." He went on to say that this enforcement applies to people involved with the actual plant, such as growers, users, and dispensary owners, to people who have either directly invested or their investment will be used in the cannabis industry. He mentions how the CEO and two employees of Keirton Inc. (a large agriculture equipment manufacturer) were stopped at the border and moved to a secondary location only to be told that they were banned for life from entering the United States. Keirton Inc. was not the only group to face this punishment. In an interview with the Financial Post, Sam Zneimar was banned for life simply for investing in U.S. based marijuana companies.
In this current administration, U.S. citizens have seen a big push for more enforcement at our Southern border and a new wave of keeping America "safe". But will the same hold true on the other side of the country? In both interviews the offending party expressed sympathy for the poor border patrol agent that was made to enforce this law. These articles both mention a civil interaction between a "drug trafficker" and a border patrol agent and an unfortunate outcome. The U.S. has yet to tweet about the "drug traffickers" that are attempting to get into the U.S. through Northern points of Entry.
--Loren D. Elkins
With the legalization efforts coming out of Mexico, it should be interesting to see how those investors will be greeted at the border.
https://lawprofessors.typepad.com/cannabis_law/2018/09/will-canadas-new-cannabis-laws-create-a-new-border-problem.html