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Pot users not allowed into USA from Canada

D_E_Bishop
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Tuesday the L.A. Times had a "Boo Hoo Poor Me" article regarding a Canadian who answered yes when asked by US customs if he had ever smoked pot, he was denied entrance. Canada is about to legalize pot use nationwide and Washington has approved medical pot.

So this guy and the Times seem to say, hey it's okay to smoke pot, so why am I not allowed into the US?

The Feds in this country have not approved pot for anything but medical experimentation, IT IS UNLAWFUL here.

Driving drunk is unlawful in both countries, in the US you are pretty much forgiven after a year, three for insurance premiums. Going into Canada it doesn't seem to be forgiven at all.

A Canadian can get a waiver for about $600 from US Customs. After an extended time (no one says how long we have to wait) an American can get a wavier for a DUI conviction from Canadian Customs. Cost is unknown to me but probably about the same.

What's the big deal, pot use is a federal offence here in the US, so follow our rules and you'll be okay. Get a DUI conviction in the USA and due to Federal Law in Canada you're not allowed into Canada, so follow their rules.

By the way you could lie to American Customs and get in, however, if you're driving a vehicle licensed to you, the Canadians automatically look up the record of the registered owner, including DUI convictions.

I am not an advocate for anything but following the laws is both Countries.

Times Story
"I travel not to go anywhere, but to go. I travel for travel's sake. The great affair is to go". R. L. Stevenson

David Bishop
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33 REPLIES 33

Walaby
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Lets clear up one thing, I have NEVER gotten a DUI, so I don't have a DUI.

To be clear on another thing, I am totally fine with if someone gets caught DUI in Canada, they suffer the consequences that the Canadian govt and law enforcement deems appropriate. REGARDLESS of citizenship.

And I am ALSO FINE if Canada decides to not admit someone from another country, based on information they have discovered about that individual. It's that countries right to decide who qualifies for admittance and who does not.

I am NOT okay with a country establishing a criminal record for a citizen of another country, based on a crime that individual committed in the country of his citizenship, JUST BECAUSE the country decides they don't like how the country where the crime was committed punished the offender.

MDKMDK says that a US citizen with a DUI, by default HAS A CRIMINAL RECORD in Canada. That is my problem with it.

Mike
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daveB110
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I can see where you are coming from now - since some DUI's are worse than others, you feel offended because Canada strictly enforces our Driving under the influences, and treats your DUI's as our own are treated here. Many people in Canada have had friends and relatives killed by drunks driving, myself included. It just is not tolerated now. If your country refuses to back up, clog, the court system by simply levying a fine like a speeding ticket, where are we? You think you're okay, because you were never convicted in a court of law? It's simply semantics.

You got a ticket because you were driving drunk, but that doesn't happen in Canada. If you were caught driving drunk by the Law and lost in court, you at least have a record to go with you for the rest of your life, which is called a penalty for endangering your fellow citizens. People at the borders take note of this I think. Easier for your border people because of the severity of a Canadian conviction. But a fine could be seen as a conviction, too, at Canadian borders, if there was never a court proceeding.

daveB110
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Walaby wrote:
MDKMDK wrote:

You're right. Because DUI in many US states is treated as a lesser offence, it doesn't guarantee that you'll be turned back. Not true the other way. If an American has a DUI without the pardon equivalent they have a criminal record in Canada because that's how we treat it. They can and will be refused entry to Canada.

So a crime in one sovereign country, when assigned penance is paid, results in a criminal record in a totally separate sovereign country?

All I c an say is WOW. The fact that a citizen from one country can be convicted of a crime (having a criminal record is a record of a conviction right?) without a trial is absolutely freakin incredible.

****....

Mike

Walaby
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Explorer II
MDKMDK wrote:

You're right. Because DUI in many US states is treated as a lesser offence, it doesn't guarantee that you'll be turned back. Not true the other way. If an American has a DUI without the pardon equivalent they have a criminal record in Canada because that's how we treat it. They can and will be refused entry to Canada.

So a crime in one sovereign country, when assigned penance is paid, results in a criminal record in a totally separate sovereign country?

All I can say is WOW. The fact that a citizen from one country can be convicted of a crime (having a criminal record is a record of a conviction right?) without a trial is absolutely freakin incredible.

****....

Mike
Im Mike Willoughby, and I approve this message.
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JaxDad
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Explorer III
hone eagle wrote:
The prime minister admitted to smoking up ,why was he allowed to visit DC?


Because he, like all other heads of state, travels on a diplomatic passport.

You don’t think politicians are subject to the same rules as us mere mortals do you? LOL.

hone_eagle
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The prime minister admitted to smoking up ,why was he allowed to visit DC?
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Wills6_4_Hemi
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I am an LEO and imho just because the guy said he had smoked pot in the past doesn't "again imho" suggest he is a bad person, nor is it a sign he is currently a criminal or taking part in criminal activity.

old_guy
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man I lead or live a boring life I guess, never had a dui, a wreck, or been in jail or smoked pot or done drugs. and know what? I don't miss it

MDKMDK
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ksg5000 wrote:
daveB110 wrote:


As far as a drunk driving convictions, it is the same, both ways. Canadian laws ape the US laws (not the other way around).


I don't think that's true. To my knowledge a single drunk driving offense has never been grounds for denying entry to the USA. That means that Canada doesn't "ape" US laws.

You're right. Because DUI in many US states is treated as a lesser offence, it doesn't guarantee that you'll be turned back. Not true the other way. If an American has a DUI without the pardon equivalent they have a criminal record in Canada because that's how we treat it. They can and will be refused entry to Canada.
Mike. Comments are anecdotal or personal opinions, and worth what you paid for them.
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ksg5000
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daveB110 wrote:


As far as a drunk driving convictions, it is the same, both ways. Canadian laws ape the US laws (not the other way around).


I don't think that's true. To my knowledge a single drunk driving offense has never been grounds for denying entry to the USA. That means that Canada doesn't "ape" US laws.
Kevin

daveB110
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In the past, a roach found in a Canadian vehicle wanting to cross into the USA was a big concern. Still is. SO concerning, in fact, that that vehicle never went back to Canada. Confiscated. Those people, or just the driver of that vehicle, were subject to a lifetime ban to enter USA.

As far as a drunk driving convictions, it is the same, both ways. Canadian laws ape the US laws (not the other way around). One can get a pardon some times, if you are willing to get a lawyer on your case. That would cost you dearly, and only a small percentage will consider it, and it doesn't always work. I know people who take direct flights into Mexico, while their wife drives over two borders and picks then up for the rest of the trip. Passports as well...even as the borders checkpoints of European countries disappeared, American borders made such documents mandatory.


But getting back to pot, Canadian border guards were always quick to ignore that Americans smoked it, as long as they didn't bring it across with them.

MDKMDK
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azrving wrote:
SideHillSoup wrote:
It’s illgal by law to smoke pot federally in the USA, however, it sounds like these people were not in the USA when they were puffing up, so what law did they break in the USA?
I didn’t know there was a USA law stating that if you do something that is “legal” in one country will stop you from entering another country. Now don’t take this the wrong way, I don’t smoke pot, or does anyone in my family, so that’s not the point here. Just wondering what law they broke in the USA by smoking pot in Canada?
I totally agree with you, follow the laws of the country your in.
My family on both sides of the boarder have been doing so since the 30’s when part of our family immigrated to the USA.


At the same time what law is the USA citizen breaking when entering Canada and they have an old dui that is over and done with. Time served, fine paid, license renewed?


DUI/Impaired Driving/Over 80 mgs per are all offences/convictions that fall under the Criminal Code of Canada. Unless an American with a past DUI undergoes a process in the USA that is the equivalent of getting a Canadian pardon, CBSA can decide that they still have a criminal record (under our CCoC) and can be denied admission to Canada on that basis.
It works the other way, too. CBP border agents (aka admission Gods) can refuse admission to the US for any reason. You can challenge the ruling in some cases, but typically the border agent you get at primary inspection can send you back on a whim. Or, a whiff?
If you smoke weed up here, it's still considered a federal offence in the USA, and the borders are manned by DHS/CBP staff, so if you admit to breaking a US federal law to a CBP agent, you might get turned around.
Mike. Comments are anecdotal or personal opinions, and worth what you paid for them.
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2016 Sunstar 26HE, V10, 3V, 6 Speed (sold @ 4600 miles)
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garyhaupt
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It's an interesting situation. Use of pot is legal in 33 states. For instance in Washington..there are weed shops within sight of the border offices in Blaine. It is illegal federally..but not in all states.

Two weeks ago US Border folks posted that a CDN employee at a cannabis plant or even held stock, any level, could be denied entry. But then..hey presto...that got dropped. Had nothing to do with the US money people holding stock or owning plants, of course.



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azrving
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SideHillSoup wrote:
It’s illgal by law to smoke pot federally in the USA, however, it sounds like these people were not in the USA when they were puffing up, so what law did they break in the USA?
I didn’t know there was a USA law stating that if you do something that is “legal” in one country will stop you from entering another country. Now don’t take this the wrong way, I don’t smoke pot, or does anyone in my family, so that’s not the point here. Just wondering what law they broke in the USA by smoking pot in Canada?
I totally agree with you, follow the laws of the country your in.
My family on both sides of the boarder have been doing so since the 30’s when part of our family immigrated to the USA.


At the same time what law is the USA citizen breaking when entering Canada and they have an old dui that is over and done with. Time served, fine paid, license renewed?

SideHillSoup
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Thanks for posting the article, I never knew that the US Law was drilled down to the point that non entry could be issued for puffing pot “ ever”
Ya Learn something new everyday.
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