The Looming Border Clash Over Canadian Marijuana

Canada’s national legalization of marijuana has put it at odds with the United States where, despite growing state-level legalization, marijuana remains strictly illegal at the federal level. It was inevitable that the different approaches to marijuana would create friction between the two countries. It appears increasingly likely that this friction will be felt most acutely at the border.

U.S. Customs and Border Protection (CBP) confirmed recently that Canada’s legalization of marijuana will not affect how the drug is viewed and treated at the border. Rather, senior CBP officials caution that the full panoply of potential legal consequences — criminal, immigration, and otherwise — remain on the table for those who are caught crossing with Canadian marijuana at the border.

CBP’s position is understandable. Unless and until Congress acts to address the federal prohibition on marijuana, the drug remains strictly illegal under the federal Controlled Substances Act (CSA). CBP is doing its job to enforce the law, and it does not have the authority to create an exception to the CSA.

Yet, the current situation is rife with unpredictability, and the consequences for those caught between the countries’ differing marijuana policies can be severe. For American citizens with marijuana, U.S. border authorities will not deny them entry into the United States. But criminal prosecution remains on the table, as do financial penalties and, potentially, asset forfeiture of the car used in the “smuggling” event. It also seems quite likely that those caught with marijuana will not be eligible to participate in a CBP trusted traveler program such as Global Entry or NEXUS.