business
Avoid Being Weeded
Out at the Border
THE IMPLICATIONS OF CANNABIS LEGALIZATION AND CROSS-BORDER TRAVEL
The information within this article was current and accurate at the
time of writing. Readers are encouraged to review the latest devel-opments
of legalization to ensure they are equipped with the most
up-to-date information.
The impending legalization of marijuana in Canada, effec-tive
Oct. 17, 2018, has created a climate of excitement
in the marketplace. Businesses recognize the untapped
potential and diverse opportunities the new law will bring
forth. In turn, they will respond with the emergence of more
cannabis operations, employment opportunities and start-up ven-tures,
along with new developments related to the production,
distribution and retail sales of the substance. Existing mainstream
businesses are also positioning themselves to capitalize on spe-cialized
commercial needs unique to the cannabis trade. As an
example, professional services firms, financial institutions, con-sulting
and technology companies are developing new and focused
service lines catered specifically to the cannabis industry.
While businesses are acting quickly to develop robust business
strategies for financial success, many market participants over-look
the significant cross-border travel challenges that will arise
from the legalization of marijuana in Canada. Specifically, many
businesses are blind to the potential issues that employees asso-ciated
with the cannabis trade, either directly or indirectly, may
face when entering the United States as a business traveller. These
individuals may face serious immigration consequences, includ-ing
a finding of inadmissibility or a permanent bar from entering
the United States. Furthermore, following the legalization of mar-ijuana
in Canada, it is possible that business travellers will face
increased questioning by U.S. immigration officers about personal
marijuana use which can result in similar consequences for users.
Companies may face lost opportunities and/or business failure in
the event that key talent is unable to enter the U.S. market.
HR professionals, global mobility advisors, in-house legal coun-sel
and public relations departments supporting businesses in this
space must be aware of these issues and assess how their workforce
could be impacted.
WHAT’S THE ISSUE?
U.S. immigration law, including the admission of a foreign national
entering the United States for business purposes, is governed by
federal law. Although marijuana is legal in many states, it is illegal
pursuant to federal law in the United States. Specifically, marijuana
is prohibited under Schedule 1 of the Controlled Substances Act as
it is deemed to be addictive in nature with no medicinal value.
Under the Immigration and Nationality Act (INA), there are
specific grounds relating to criminality that would render a foreign
national inadmissible to enter the United States. As an example,
a foreign national seeking entry into the United States is deemed
inadmissible where there is reason to believe that he or she is or
has been an illicit trafficker of any controlled substance or is or has
been a known aider, abettor, assister, conspirator or colluder with
others in the illicit trafficking of a controlled substance.
These provisions are relevant for individuals employed directly
in or involved in the marijuana trade and seeking admission into
the United States for business purposes. It should be noted that
Customs Border and Protections (CBP) officers at a land border,
By Naumaan Hameed
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HRPROFESSIONALNOW.CA ❚ OCTOBER 2018 ❚ 45
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