From the war on drugs to marijuana tourism – there is no
doubt that some American states are on a new path. This has many Canadians
wondering if they can travel to the United States with a marijuana conviction
on their record.
Where is marijuana legalized?
Recreational marijuana use is now legal in Washington,
Oregon, Colorado and Alaska. Medical marijuana is also legal in many other
states. It seems odd for someone living in British Columbia who wants to cross into
Washington to have to worry about a possession conviction that would not even be
illegal on the other side of the border.
Unfortunately, marijuana is still prohibited under federal
laws in the United States. This means the border guards do not care if your
conviction would be legal under state law. You can be turned back at the
Washington or Alaska borders or if you try to fly into any state.
If you have a marijuana conviction on your record, your
option is to apply for a US Waiver.
A US Waiver is issued for six months to five years and will
allow you to enter the United States despite a criminal record. Once the waiver
is close to expiring, you can reapply.
Marijuana tourism
If you are planning to do some “marijuana tourism” in the
United States, don’t be too open with guards about your plans. They will turn you
back if they believe that you are going into the country to do something that,
to them, is completely illegal. Tell the border guards that you plan to do some
shopping and leave it at that.
Remember that recreational marijuana use is illegal in
Canada (for now), and you won’t be able to bring home any souvenirs of your
trip.
Next steps
If you have a marijuana conviction and want to enter the
United States, contact us today for a free consultation.
