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Cannabis Pardon Does Not Guarantee You Can Enter the U.S.

Blog posted on by Evelyn Ackah in Inadmissibility Issues and Waivers

Cannabis Pardon Does Not Guarantee You Can Enter the U.S.

Canada Bill C-93, an amendment to the Criminal Records Act to expedite granting pardons for Canadians with criminal records for simple possession of cannabis was tabled by the federal government in March and became law on August 1, 2019. The law eliminates the waiting process associated with other pardon applications and waives the $631 application fee and the 5-10 year wait period. A pardoned cannabis conviction will not appear in the Canadian Police Information Centre database, which is used by United States border officials to determine if someone can cross the border into the U.S.

Immigration and Visa Waiver Lawyer
Evelyn Ackah

Canada immigration lawyer Evelyn Ackah advises that the U.S. laws on marijuana possession, use and investment have not changed and that Canadians with a cannabis conviction should consult an immigration lawyer before they travel to the United States:

U.S. federal laws on cannabis have not changed. Canada Bill C-93 does not erase information about Canadians' criminal history that was already electronically shared with the U.S. border patrol database. Canadians with criminal records for cannabis possession still face problems at the border, and are still subject to being denied entry or a permanent ban on entering the U.S. even if they have a pardon.

What Is A Cannabis Waiver of Inadmissibility?

One of the most stressful issues for people traveling to Canada or the United States is criminal inadmissibility. Marijuana convictions even 30 or 40 years old can cause you to be deemed inadmissible to enter at the border. Canadian and U.S. immigration agencies share electronic criminal data. As a result, your file can be flagged at the border, even if you haven't been charged yet or have not been convicted of a cannabis crime. If you have received a Canadian cannabis pardon, but your criminal marijuana conviction was already shared with the United States, that information remains in the U.S. database and is used by border guards to determine if you can enter.

You may qualify to be deemed rehabilitated and receive a waiver of inadmissibility. Rather than risk being denied entry due to criminal inadmissibility, an immigration lawyer can review your case and advise if you should apply for a determination of individual rehabilitation.

Public Safety Canada confirms a cannabis pardon still impacts a Canadian's ability to enter the United States:

As with expungement, a pardon does not guarantee a person entry or visa privileges to another country because foreign jurisdictions are not bound by Canadian laws. Entry and exit requirements are at the discretion of each country.
Any foreign country, including the United States, may have documented previous interactions with individuals, which may include an individual’s Canadian criminal conviction information prior to a pardon being granted. When required by foreign border officials, these individuals will be able to provide the required documentation to demonstrate that their conviction has been pardoned.

The new cannabis pardon law allows Canadians and non-Canadians with a marijuana conviction in Canada to apply for pardons through the Parole Board of Canada's website, and promises faster processing.

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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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