Penticton city council is expected to hear a few points of cannabis-related advice from a B.C. senator Tuesday afternoon.
With Bill C-45 expected to become law in August, legalizing cannabis in Canada, Senator Mobina Jaffer has submitted a letter to council, answering six questions about legalization and some of the legal ramifications.
In her letter, Jaffer took aim at the federal government for what she sees as inaction on education.
“There is little that is currently being done to ensure that Canadians are being informed of these issues, despite the fact that many people could be banned from the United States for life,” Jaffer wrote.
“For now, all that the government has announced is a small information campaign in 2019 — a whole year after the bill’s passage. Other institutions may have to take up that task.”
In particular, the letter looks at matters with the Canadian border with the U.S., where cannabis remains illegal for the foreseeable future.
One question of some debate has been whether or not those who smoke cannabis when it is legal in Canada should disclose that fact if asked about it at the border. Jaffer said the best way to respond to that question is to not respond at all.
“Disclosing your past cannabis usage could be enough to have you barred from the U.S. for life. However, lying to border officials almost always ends with a person’s permanent ineligibility if it is discovered, and sometimes even leads to fraud charges,” Jaffer wrote.
“While (declining to answer) will likely have them turned away from the border, this is far better than the possible alternative of permanent ineligibility.”
Jaffer noted that speaking openly of cannabis use on social media could also lead to one being barred entry to the U.S.
When it comes to pre-clearance, where travellers are now mandated to answer questions asked by a pre-clearance officer, Jaffer said the stakes are even higher. Answering truthfully could still mean being barred entry for life, but lying to a pre-clearance officer can be considered obstructing a pre-clearance officer.
That charge comes with penalties of up to two years imprisonment.
Jaffer suggested those who have used cannabis in the past, whether legally or illegally, simply avoid pre-clearance.
As well, smoking cannabis in U.S. states that have legalized the drug could be a trap — because it remains illegal federally south of the border, consuming cannabis in legal states could mean no entry in the future.
And when it comes to the possibility of pardons for past cannabis convictions — still being discussed by the federal government, that may not be of assistance when crossing the border. Jaffer said U.S. officials typically look at the criminal record, and do not pay close attention to pardons.
