Pubdate: Thu, 22 Dec 2016
Source: Comox Valley Record (CN BC)
Copyright: 2016 Comox Valley Record
Contact:  http://www.comoxvalleyrecord.com/
Details: http://www.mapinc.org/media/784
Author: Katya Slepian

LEGALIZED MARIJUANA WON'T AUTOMATICALLY FORGIVE PAST OFFENCES

The Trudeau government has pledged to legalize marijuana in the
spring, but anyone who's been convicted of a pot-related crime won't
be off the hook right away.

A federal task force on legalization recommended this week to allow
storefront and mail-order sales of marijuana to people 18 years old
and up, and to not sell it alongside cigarettes or alcohol.

But just like the federal Liberals, it said little about how the
government should go about pardoning those who've been convicted of
possession, trafficking, or production or marijuana, and more, once
marijuana is made legal.

"The impact of being arrested and convicted for simple cannabis
possession offences has serious ramifications," it reads. "The stigma
of arrest, and the possibility of having a criminal record, are
life-long consequences."

Possession of marijuana is a federal offence under the Controlled
Substances Act. A first conviction can lead to fines of up to $1,000,
six months in jail or both. It can also lead to a criminal record.

Currently, people convicted of possession of up to 30 grams of
marijuana can apply for a pardon, or record suspension, five years
after they complete their sentence.

Federal Public Safety Ministry press secretary Scott Bardley said
Friday there is no change to that expected at this time.

Workarounds

Even if a pardon is granted, it still might not help those wanting to
cross the Canada-U.S. border.

Alexander, a middle-aged man from the Lower Mainland who declined to
provide his last name, was arrested for marijuana possession for
getting caught with 1.5 grams of marijuana in his apartment in 1980.

"I had enough on me to make make maybe three joints," he
said.

He received a conditional discharge - meaning that after he served out
his probation and completed his community service, he'd no longer have
a criminal record.

Alexander thought the matter was finished and didn't have any problem
crossing the border until a customs agent questioned him at the
Osoyoos crossing a few years later.

"I was honest - I said I got caught with a gram and a half of pot in
Canada."

He was banned from entering the U.S. for more than a decade until a
landmark court case in 2001 permitted entry into certain states.

But then, just weeks before Alexander and his now-wife were set to get
married in New York City five years ago, he was again denied entry
while trying to head south.

"That's when we went to Len and he got me the waiver," Alexander
said.

Leonard Saunders, an immigration lawyer in Blaine, said a pardon from
the Canadian government doesn't mean anything to U.S. border security.

"Any individual who's not American who has a criminal conviction for a
crime involving moral turpitude or controlled substances can be denied
entry," said Saunders. "A pardon will change nothing."

Even mentioning past marijuana usage at the border can get you a
permanent denial to the U.S. - unless you get a waiver, Saunders said.

Alexander has one that will last him through to 2021.

Issues south of the border

Legalization advocate Dana Larsen has a similar story from about 20
years ago.

"They asked me at the border if I'd ever used marijuana and I
foolishly said that I had in the past. That got me banned for the rest
of my life," said Larsen. "I haven't tried to appeal it because I'm
still involved in the marijuana culture and I figured if I brought
them more information about myself it would only reaffirm their decision."

Larsen said he knows many others who've faced the same fate and is
also concerned that even if Canada legalizes marijuana is legalized,
it won't affect anyone travelling to the U.S.

"If you're a Canadian, even with legal marijuana in Canada, if they
ask you if you've used marijuana and you say yes, they can ban you,"
he said. "If you have a previous conviction for a cannabis offence of
any kind, that will also get you banned from the U.S. forever."

He doesn't see a way to solve that north of the border.

"Other than putting political pressure on the American government,
there's not a lot Canada can do to change American policy," he said,
noting that there's a certain irony to being denied entry to the
United States at a border between two jurisdictions where marijuana is
legal. That's because marijuana is still illegal under federal law in
the U.S.

"That's probably going to be one of the last things to change. I do
not see the Trump administration making cross-border access for
marijuana smokers a high priority."
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MAP posted-by: Matt