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Lifetime Ban For Canadian Crossing Into U.S. With CBD Oil

Blog posted on by Evelyn Ackah in Inadmissibility Issues and Waivers, Criminal Inadmissibility and Marijuana Legalization and Decriminalization

Lifetime Ban For Canadian Crossing Into U.S. With CBD Oil

Canada's marijuana legalization and decriminalization have resulted in many criminal inadmissibility questions for individuals and corporate Canada/U.S. cross-border business. A recent case demonstrates legal issues Canadians continue to face crossing the border into the United States. A Canadian woman crossing the border was carrying CBD oil, which is legal in both British Columbia and Washington state where she was crossing. CBC reports that she truthfully responded to the border agent's question whether she had any "leafy greens" on her person; she did not understand that the question also applies to CBD oil. When her bags were inspected she was denied entry and is facing a potential lifetime ban for crossing into the U.S. with a controlled substance.

Thousands of Canadians have been denied entry to the U.S. simply for admitting they've smoked a joint once in their lives.
- MSN

Cannabis use and sale are now legal in Canada. The U.S. / Canada Border is patrolled by United States Federal Agents. While some states have legalized marijuana and CBD products, United States federal law bans the use, sale and investment in the cannabis industry. If a Canadian enters a U.S. state where marijuana use is legal with marijuana or a related product such as CBD or THC, they are subject to being permanently denied entry.

Canada immigration lawyer Evelyn Ackah has answered many clients' questions about marijuana and cross-border travel:

"Many of our personal and corporate clients are confused about the laws for entering the U.S. if you have legally used or bought marijuana, or have a past conviction from illegal use. We advise our clients that using, buying or selling cannabis products or derivatives - including CBD oil - can be grounds for inadmissibility to the United States, fines and a lifetime ban. We can apply for a waiver, and if we succeed that waiver must be renewed every year, two years or five years."

Criminal Inadmissibility to the United States

One of the most stressful issues for people traveling to Canada or the United States is criminal inadmissibility. DUI's, assault, and possession of marijuana convictions even 30 or 40 years old can cause you to be deemed inadmissible to enter at the border.

PODCAST: OVERCOMING CRIMINAL INADMISSIBILITY TO ENTER CANADA OR THE UNITED STATES

If you are permanently banned from entering the United States for your legal Canadian purchase and use of marijuana and related products, or for illegal use of cannabis in your past, you can appeal the decision. Ackah Business Immigration Law provides comprehensive expertise in all areas of Canadian and United States immigration law including criminal inadmissibility.

  • Do you want to travel for vacation?
  • Does your job require you to travel?
  • Have you ever been fingerprinted, charged or convicted?

An immigration lawyer can research your case and help you file for a waiver, be deemed rehabilitated or identify a compelling reason why you need to travel, such as work or a family emergency. A waiver may last for only one year, or for several years - each case is unique.

U.S. Visa Waivers of Inadmissibility


American Customs and Border Protection Officers (CBP) have broad discretionary powers and if you present yourself at the border with a criminal record, regardless of the nature of the crime you committed, you may be refused entry and asked to submit a Waiver of Inadmissibility Application to the Department of Homeland Security before attempting to travel again.

CBP has launched a new online system for eligible nonimmigrants to enter the United States called e-SAFE, for electronic applications of waiver of inadmissibility forms I-192 and I-212.

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Evelyn L. Ackah, BA, LL.B.

Founder/Managing Lawyer

Ms. Ackah is passionate about immigration law because it focuses on people and relationships, which are at the core of her personal values. Starting her legal career as a corporate/commercial ...

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It is one thing to earn a living; it is another thing to make a difference in the world.

This is our formal thank you note to Evelyn Ackah and the Ackah Law Team for all the effort they put into helping us navigate and finally resolve the hurdle that was Canadian Immigration back in the spring of 2012.

A friend referred us to Evelyn; he assured us that Evelyn would take good care of us. Our friend was confident we were in good hands and said Evelyn would do her very best to help us and she did! At the time we did not know that his referral would go far beyond finding us help. Slowly we realized that it would become our own personal story of how we received grace and were reminded of the power in paying it forward

We wrote a detailed page of our dilemma, explaining how we came to be in the position we were in (overwhelmed with the hurdle that was Canadian Immigration and the uncertainty that we faced as a young family in Calgary). Evelyn agreed to take on our file with her team. They found the time to personally call us and listened intently and understood the details of what we were dealing with. They gave us their time, an honest opinion and provided clear direction which proved to be invaluable advice. Months went by but in time, we received word from Ackah Law that the Immigration office had finally reviewed our file and a decision had been made allowing our family to finally put the immigration matter to rest. We were finally able to focus again to live our lives without fear or pending doom.

Looking back now, even the sun appeared to shine a little brighter that day. At first we didn’t know whether to bake them a cake, drive out to meet their team, find their offices and personally thank them with a mighty hug or simply cry out to the heavens in thankful relief. Instead we emailed them to express our heartfelt thank-you and we hoped that they would know deep in their hearts just how grateful we were for all of their help.

Even though we relied on emails and phone conversations to communicate with them that year, we will always remember their constant professionalism, their kindness and understanding at a time that brought us so much pain not to mention fear. As if all their hard work wasn’t enough, Evelyn then then casually mentions that all their work was done pro-bono! We were thoroughly humbled!

To this day we are still eager to share how wonderful they all are as human beings but even more than that, we continue to pay it forward in honour of them, their service to us and their continued dedication in helping others.

Eternally thankful

– The Brummunds

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