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U.S. Customs and Border Protection says they should be able to enter the U.S. for reasons unrelated to the marijuana industry.
The agency updated its website Tuesday, providing a measure of clarity after a wave of uncertainty in the U.S.
That statement sparked off from the United States and the United States.
It reads that "As marijuana continues to be controlled under United States law, it can not be used in the United States."
It has been updated to say that the United States will be allowed to enter the U.S.
"A Canadian citizen working in the proliferation of the legal marijuana industry in Canada, coming to the US for reasons unrelated to the Marijuana industry may be eligible to the US, however, if a traveler is found to be US they may be deemed inadmissible, "the statement reads.
The border agency has not said whether or not the United States has entered the United States of America. (Richard Lam / Canadian Press)
With legalization just days away on Oct. 17, the statement provides some clarity for Canadians who have been working in the world. warmer US destinations.
However, it does not make any difference to whether or not to enter the United States of America.
It does, however, make the point that anyone arriving in the US who is found to be a drug abuser or who is being convicted of violations of U.S. or foreign drug laws or regulations will be considered inadmissible.
Henry Chang, a partner at Toronto law firm Blaney McMurtry, said in an email to CBC this update is a "more reasonable" approach, but still leaves some uncertainties.
Chang, who specializes in cross-border issues, said it would be unclear what activities would be considered to be illegal, for example.
Wiggle room
"Overall, this is a step in the right direction but the line is still not clearly drawn."
Matt Maurer, a lawyer with Toronto firm Torkin Manes and vice-chair of the Cannabis Law Group, said he believes that while the update is helpful, it is "to give themselves some wiggle room." Phrases such as "shall be admissible" allow room for interpretation, he said.
Still, Maurer said.
You are coming to the United States, and you are coming to the US for reasons of unrelated to your work, they are not going to have an issue with it, and they are going to let you in. Or they will not refuse you on that ground alone. "
Practices will evolve
Border Security Minister Bill Blair told CBC News that "possession of cannabis is legal in some U.S. states, cannabis remains illegal under U.S. federal law." He warned Canadians traveling that they need to respect U.S. laws.
Even though it may not be possible to use U.S. federal law, U.S. legal practices may further to evolve.
In Michigan, Missouri, Utah and North Dakota voters will decide on various levels of marijuana legalization during the November midterm elections.
Recreational marijuana is currently legal in nine states, while medical marijuana is legal in 30 states.
