The Canadian government’s legislation to legalize and regulate recreational marijuana has been passed by Parliament and has received Royal assent. Bill C-45, the Cannabis Act however, will not come into effect until October 17th, 2018.

What will be the impact of legalizing marijuana have on the Canadian visitor wishing to cross the border and enter the United States of America?

Once the Cannabis Act becomes law, the recreational use of marijuana will become legal and there will be an established framework to control its production, distribution, sale and possession across Canada. This framework will include government approved retail outlets under provincial regulation and authority, which will make the substance readily accessible to all adult Canadians.

Several States in the United States have passed similar legislation. However, the fact remains that in the United States, cannabis remains a controlled substance under Federal legislation and its use or possession continues to be a criminal offence, even though in some States it has been legalized. Although this anomaly may have very little impact on American citizens, its impact on Canadian citizens and foreign nationals seeking entry into the country continues to be problematic. The legalization of cannabis in Canada will only exacerbate the problem. Until more detailed guidelines are announced by the U.S. Government agencies responsible for immigration and border protection, prudence and caution seem to be in order.

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As a frequent visitor to the United States, it is not uncommon when visiting with fellow Canadian snowbirds down south, for the topic to arise (particularly at “Happy Hour “) about the rules relating to our extended visit to the United States and the potential pitfalls for failure to comply with these so-called “rules”. More often than not, one hears about someone’s misadventure in dealing with the American border patrol authorities and the “things” that should be done in order to preserve one’s right to re-enter the U.S. and to avoid having to pay American taxes. The advice at times appears conflicting and to say the least, confusing. This is my effort to bring some clarity to the situation.READ ON