U.S. border officials won’t say what could happen to Canadians who admit to consuming weed

Even though recreational cannabis will be fully legal in Canada in the coming months, there is still little clarity about what exactly Canadians crossing the U.S. border can expect after legalization is implemented.

It will still be illegal to bring any type of cannabis over the U.S. border because the substance will remain federally illegal there, however there are fears that Canadians who simply admit to consuming it at any point of their lives to U.S. border agents could be permanently barred entry into the U.S. or face other punitive measures.

Bill Blair, the Liberal MP leading Canada’s legalization efforts, has urged Canadians to always tell the truth at the border. But some U.S. immigration lawyers have slammed that advice as “dangerous.” Matthew Harvey, a medical cannabis user from B.C. was banned from entering the U.S. for the rest of his life after he told border security he smoked cannabis before he received his medical license. Harvey now has to pay hundreds of dollars for special travel waivers to enter the country.

While legal experts and provincial politicians continue to sound the alarm over potential mayhem for border-crossing Canadians, the federal government insists they have things under control and say there’s no reason American border security should be tightened post-legalization.

But other provincial officials want clearer answers as to what will actually happen to Canadians who admit to consuming cannabis if asked that question by border guards.

Earlier this week, B.C. solicitor general Mike Farnworth said the issue concerns him especially as he and his colleagues have raised it with the U.S. consular general and other American officials who he says won’t provide much guidance.

“They have already indicated to us … that they have absolutely zero interest in dealing with the problems that are going to arise. They’ve told us that in no uncertain terms,” Farnworth told the B.C. legislature during a debate on amendments to the province’s Motor Vehicle Act.

“So you are going to have the potential of ordinary citizens, who are doing something legal in this country and in this province, crossing the border and having to answer a question, and if they reply truthfully, they can be denied access. They potentially could have their vehicle seized, fines, you name it.”

VICE News asked Public Safety Canada about Farnworth’s comments and what Canadians can expect at the border if they admit to ever consuming cannabis.

Spokesperson Scott Bardsley said the department can’t speak for the U.S. and that Public Safety Minister Ralph Goodale and his officials continue to “have discussions with their American counterparts.” He didn’t provide further details as to how the Americans have responded.

“Cannabis comes up in virtually every conversation that they have,” Bardsley continued. “Our goals are to ensure that travellers are aware of regulations and what to expect when crossing border; that people are treated in a fair, respectful and consistent manner, in accordance with the law; and that the legitimate flow of goods and travellers across the border is unimpeded in both directions.”

Bardsley “strongly encouraged” VICE News to reach out to the U.S. Customs and Border Protection (UCP) for comment as to what could happen when Canadians admit to ever consuming cannabis if asked by border guards.

UCP spokesperson Daniel Hetlage said in an email: “We will not answer scenario-based questions because we leave the admissibility or inadmissibility and any follow-on actions up to the officer who will be taking into account the entirety of the situation and all available information.”

Hetlage then pointed to a prepared statement on the illicit possession of cannabis that said “crossing with marijuana is prohibited and could potentially result in seizure, fines, and apprehension.”

In April, a trio of Conservative Senators took it upon themselves to meet with U.S. Attorney General Jeff Sessions and other Trump administration officials about legal cannabis and the Canadian border. They claimed they weren't getting adequate information from the Canadian side. Department of Justice officials have so far declined to comment on the meetings, but the Senators claimed the Americans raised concerns about potential increased wait times at the border and fears that cross-border trafficking could get worse.

A report on Canada’s proposed recreational cannabis legislation released last week by the Senate Committee on National Security and Defence urged the Liberal government to strike an agreement with the U.S. regarding the treatment of travellers at the border when it comes to weed.

“[N]otably on the types of questions that border officers of both countries ask travellers in light of the fact that consuming cannabis will be legal in Canada,” the report states.

“This bilateral agreement could also protect workers of Canadian companies in the emerging cannabis sector in order to ensure that the workers of these companies are not banned from entry into the U.S. because they are ‘associated with drug trafficking,’ as current U.S. law states.”

In the end, Canada will only be able to do so much on the file.

“The United States of course has the sovereign jurisdiction to deal with people crossing the border into their country,” Bardsley, the Public Safety spokesperson, told VICE News. “Just as we have the same corresponding power for people crossing the border into Canada.”

A final Senate vote on the proposed federal cannabis law will take place on June 7th.