Recreational Cannabis becomes legal in Canada on 10.17.18

By Kaniehtonkie

Recreational cannabis will be legal in Canada on Thursday, October 17th. While the Canadian federal government will license and regulate a select group of cannabis growers, it will be up to each province and territory to decide how marijuana will be sold and distributed.

Dependent upon a number of factors of each individual, this may make entering U. S. Customs and Border Protection’s (CBP) federal property (US customs) a bit more interesting. Especially if you have ever smoked pot, ever grew pot or grow pot now, use medical marijuana, shared a joint with your aunt last week, work in a medical marijuana or in a non-medical marijuana facility.

In speaking with Chief CBP Officer/Public Affairs Liaison Arron Bowker, he assured Indian Time there would be no change while crossing - as Native Americans, we cannot be denied entry into the United States.

Bowker stated, “Admissibility under the Immigration and Nationality Act does not apply to Native Americans. Once a traveler establishes that they are a Native American, they are admissible, and the inspection continues for customs related matters. As discussed, Native Americans working at 7 Leaf will not have admissibility issues once they establish they are Native American during the primary inspection.”

In planning family birthday parties in Akwesasne, we all know how that goes.

The SRMT offered this statement, “The Saint Regis Mohawk Tribe is continuing to advocate for our border crossing rights, while maintaining an open and transparent working relationship with the U.S. Customs and Border Protection’s Massena Port-of-Entry. Tribal Council inquired with USCBP about the impact of Canada’s legalization of cannabis in October, in regard to Native Americans employed at local cannabis manufacturing facility. Our goal is to continue to ensure that the policy at the U.S. Border does not impede the recognition of our inherent right of mobility to cross the border. “

After repeated requests, and as of press time: Mohawk Council of Akwesasne has not responded with a statement or comment.

South of Akwesasne, medical marijuana became legal in New York State in 2014, signed by Governor Cuomo under the Compassionate Care Act which ‘allows doctors to prescribe marijuana in a non-smokable form to patients with serious ailments that are recognized by the state on a predefined but flexible list of conditions’. They include: cancer, HIV/AIDS, amyotrophic lateral sclerosis (ALS), Parkinson’s disease, multiple sclerosis, spinal cord nerve injury with intractable spasticity, epilepsy, inflammatory bowel disease, chronic pain, neuropathy, Huntington’s disease and post-traumatic stress disorder (PTSD).

As of September 25, 2018, there are 1916 registered practitioners and 73,417 certified patients using medical marijuana in New York State.

North of Akwesasne in Ontario, medical marijuana and recreational marijuana is legal, and the legal age of consumption in Ontario is 19 years old, it is sold online and by April 2019, private retail shops will open. An individual in Ontario can grow up to four plants. A person can only smoke on private property and if renting – they are subject to the landlord’s restrictions.

In Quebec, the legal age of consumption is 18 years old, it will be sold in government operated storefronts and online. Please note – it is illegal to grow your own in Quebec. A person of legal age can only imbibe where tobacco may be smoked, with the exception of universities and CEGEP campuses. On another noteworthy note – six companies have signed on to provide the Quebec government with at least 62,000 kg of cannabis during first year of operation.

However, possession of marijuana is still a criminal offence under U.S. federal law. Which means while thinking about how you’re going to answer the U. S. Customs and Border Patrol officer’s questions about your own marijuana use while sitting in your vehicle, on U. S. federal land; certain answer could have serious consequences.

Some stark, no holds barred answers have found their way to print, “It’s basically black and white – if you admit to a U.S. border officer at a U.S. port of entry that you’ve smoked marijuana in the past, whether it’s in Canada or the U.S., you will be barred entry for life to the United States,” stated immigration lawyer Len Saunders, according to CTV.

To the more entertaining, but totally accurate, “It turns out that when our U. S. border patrol agents aren’t locking up children, they’ll be targeting Canadians who like to smoke weed legally’.

According to POLITICO, this is what to expect at the border: CBP officials are not planning to go out of their way to interrogate every Canadian traveler about marijuana use. However, other factors may cause them to raise the topic.

Todd Owen, Executive Assistant Commissioner for the CBP Office of Field Operations stated, “Our officers are not going to be asking everyone whether they have used marijuana, but if other questions lead there - or if there is a smell coming from the car, they might ask.”

Marijuana residue, which can linger for weeks inside a car, could be detected by CBP inspection dogs and lead to further questioning, he noted. If asked about past drug use, travelers should not lie. However, if you are found guilty of lying, that’s considered fraud and misrepresentation, which also carries a lifetime ban. And if you admit to past use of what CBP considers illegal drugs, including marijuana, you could be inadmissible into the United States.

CBP will allow the traveler the opportunity to “voluntary withdraw” from the border or face an “expedited removal.” A record will be kept by CBP and that traveler will not be allowed to return to the U.S.. Again, the traveler will have the opportunity to apply for a waiver from a lifetime ban, which according to the U.S. Customs and Border Protection website, costs U.S. $585 and requires several months to process. The application is lengthy, tedious and may include fingerprinting and verification of your criminal record. The waivers are issued at the discretion of CBP.

In addition to all of that, CBP agents commonly ask travelers what they do for a living. Canadians who work in the marijuana industry will not be permitted to enter the U.S.

“If you work for the industry, [and are non-native] that is grounds for inadmissibility,” Owen said.

Canadians who get the lifetime ban can still apply for temporary waivers, which can allow them to cross the border for up to five years. But they will have to keep re-applying to get those waivers for life.

And lucky us; lie detectors and drug tests are not allowed at the border.

According to Statistics Canada, 49.4 per cent of men and 35.8 per cent of women admit to using marijuana at some point in their lives. For a quick and clear overview of every Canadian province’s marijuana rules and regulations check out: http://ctv.news/apCN0jV