Important Updates
Important Updates
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
December 12, 2025 | BelgiumBelgium: Shortage Occupation List Updates in Wallonia and Flanders
December 12, 2025 | United States, United KingdomLeading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup
December 12, 2025 | 🌐Minimum Salary Changes Announced
December 12, 2025 | United States, New ZealandNewstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
December 12, 2025 | BelgiumBelgium: Shortage Occupation List Updates in Wallonia and Flanders
December 12, 2025 | United States, United KingdomLeading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup
December 12, 2025 | 🌐Minimum Salary Changes Announced
December 12, 2025 | United States, New ZealandNewstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Canada’s New Cannabis Legalization Law: Impact on Travel to the United States

October 17, 2018

insight-news-default

Countries / Territories

  • CanadaCanada
  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Despite legalization in Canada and several U.S. states, the possession, sale, distribution and production of marijuana are still illegal under U.S. federal law.
  • Foreign nationals who use or possess marijuana may be found inadmissible to the United States.
  • Foreign nationals who work in, invest in, or provide services to the cannabis industry in Canada are not admissible to the United States if the purpose of their travel is related to that industry.

A closer look

Effective today, Canada’s Cannabis Act legalizes the personal use of marijuana and certain commercial activities involving marijuana.  However, the use, possession, distribution and production of marijuana remain illegal under U.S. federal law and could have U.S. immigration consequences for foreign nationals.

Personal use and possession of marijuana

Foreign nationals who use, buy or possess marijuana may face immigration consequences in the United States, even if those activities take place in a jurisdiction where marijuana is legal.  These consequences can include denial of entry, denial of a visa or registration in the ESTA system for Visa Waiver Program travel, a finding of inadmissibility to the United States and temporary or permanent bars to entry to the United States.

Personal use and possession of marijuana may render a foreign national inadmissible if a consular officer or U.S. Customs and Border Protection (CBP) officer obtains information that leads them to believe the foreign national possesses or has used cannabis or marijuana in Canada or elsewhere. In addition, a CBP or consular officer could find the foreign national inadmissible on medical grounds related to drug abuse.  Depending on specific circumstances, it may be possible to obtain a waiver of inadmissibility related to marijuana use or possession.

Working or providing services to the cannabis industry

 The Department of Homeland Security has provided very little guidance to the public regarding the potential U.S. immigration impact of involvement in or commercial interactions with the Canadian cannabis industry.  There have been anecdotal reports of individuals investing in cannabis companies and individuals working for companies marketing products to cannabis companies being deemed inadmissible by CBP.  In a recent statement published on its website and in comments to the press, CBP has indicated that Canadian citizens who work in or support the cannabis industry will generally not be inadmissible to the United States if the purpose of their travel is unrelated to the marijuana industry, however if travel is deemed to have some connection to the cannabis industry an individual could be found inadmissible.

Foreign nationals traveling to the United States from Canada should expect to be questioned about their personal use of marijuana and any commercial activities, investments or financial transactions involving the cannabis industry.  If your organization has questions about marijuana legalization and its potential impact on travel and admissibility to the United States, please contact your designated Fragomen representative or the firm’s Government Strategies and Compliance Group.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

 

Countries / Territories

  • CanadaCanada
  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: Arbeitskräfte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Media mentions

The New York Times: US Plans to Scrutinize Foreign Tourists’ Social Media History

Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: Arbeitskräfte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Media mentions

The New York Times: US Plans to Scrutinize Foreign Tourists’ Social Media History

Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.