• 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

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more

Blog post

Recouping Immigration Costs: Are Supportive Employers at Risk of Non-Compliance?

In this blog, Director Shanaz Haque explores what sponsors should consider when recouping immigration costs — including prohibited costs, salary implications and repayment arrangements.

Learn more

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A More Purposeful UK Immigration System: What Expanded Access to the Global Talent Visa Means for UK Immigration Policy

In our latest blog, UK Government Affairs Strategy Lead @Shuyeb Muquit examines the expanded access to the Global Talent visa and what it signals about the direction of UK immigration policy

Learn more

Video

Polish Citizenship by Descent: Do You Qualify?

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek discuss how Polish citizenship by descent works, who may qualify, the documentation typically required and common eligibility challenges.

Learn more

Media mentions

Times of India: Trump Admin Restores USCIS Power to Deny Immigration Requests Outright Without Seeking More Proof

Senior Counsel Mitch Wexler discusses USCIS’ restored authority to deny certain immigration benefit requests without first issuing a Request for Evidence and the importance of complete initial filings.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more

Blog post

Recouping Immigration Costs: Are Supportive Employers at Risk of Non-Compliance?

In this blog, Director Shanaz Haque explores what sponsors should consider when recouping immigration costs — including prohibited costs, salary implications and repayment arrangements.

Learn more

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A More Purposeful UK Immigration System: What Expanded Access to the Global Talent Visa Means for UK Immigration Policy

In our latest blog, UK Government Affairs Strategy Lead @Shuyeb Muquit examines the expanded access to the Global Talent visa and what it signals about the direction of UK immigration policy

Learn more

Video

Polish Citizenship by Descent: Do You Qualify?

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek discuss how Polish citizenship by descent works, who may qualify, the documentation typically required and common eligibility challenges.

Learn more

Media mentions

Times of India: Trump Admin Restores USCIS Power to Deny Immigration Requests Outright Without Seeking More Proof

Senior Counsel Mitch Wexler discusses USCIS’ restored authority to deny certain immigration benefit requests without first issuing a Request for Evidence and the importance of complete initial filings.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • 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
Important Updates
Important Updates
August 18, 2026 | United StatesUnited States: Lawsuit Seeks to Block Final Rule Eliminating Duration of Status Admissions for F, J, and I Nonimmigrants
August 18, 2026 | South AfricaSouth Africa: Draft Immigration Fee Amendments Published for Public Comment
August 18, 2026 | South AfricaSouth Africa: Electronic Travel Authorization Requirement Updates
August 18, 2026 | United StatesUnited States: Additional U.S. Consular Posts Join Pilot Program Offering Expedite Fee for B-1/B-2 Visa Appointments
August 18, 2026 | United StatesUnited States: Federal District Court Allows Termination of TPS for Ethiopia to Proceed
August 18, 2026 | United StatesUnited States: Lawsuit Seeks to Block Final Rule Eliminating Duration of Status Admissions for F, J, and I Nonimmigrants
August 18, 2026 | South AfricaSouth Africa: Draft Immigration Fee Amendments Published for Public Comment
August 18, 2026 | South AfricaSouth Africa: Electronic Travel Authorization Requirement Updates
August 18, 2026 | United StatesUnited States: Additional U.S. Consular Posts Join Pilot Program Offering Expedite Fee for B-1/B-2 Visa Appointments
August 18, 2026 | United StatesUnited States: Federal District Court Allows Termination of TPS for Ethiopia to Proceed
August 18, 2026 | United StatesUnited States: Lawsuit Seeks to Block Final Rule Eliminating Duration of Status Admissions for F, J, and I Nonimmigrants
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.