Canadian Medical Marijuana Users Banned from the US:
The US will ban all "admitted drug users", even legal ones
by Anonymous from the Multiple Sclerosis Newsletter (10 May, 2008)
Here is a horrifying story from the Newsletter of the West Kootenay Chapter of the Multiple Sclerosis Society of Canada.
Like most Canadians, I live close to the US border and have
routinely traveled into the US throughout my life. I was diagnosed with
Multiple Sclerosis (MS) about four years ago. On November 8th 2007, I
was traveling to the US with my son and daughter, both in their
twenties. My daughter was taking a flight from the US to Florida so it
would be three of us going down, and two of us returning in a few hours,
a historically common practice for many traveling Canadians. Upon
arrival at the border, my daughter's flight ticket was produced,
verifying she was leaving that day for a weekend trip. The duty officer
asked for all of our identifications and took them into the office,
presumably for a computer check. When she returned a few minutes later,
she requested all of us to leave the vehicle.
When I went to get out, I instinctively grabbed my purse to
take with me, and she instructed me to leave it behind, which I did. The
duty officer took nearly ten minutes inspecting every aspect of my
daughter's vehicle, and when she came into the office, instructed my two
adult children to return to the car and asked me to remain behind. She
asked me if I smoked. Surprised, I said yes. She then asked me if I
smoked marijuana because she detected a faint odor in my purse. I again
said yes, adding it's for medical reasons and that I have a federal
government card permitting me use.
I was allowed to go and get my purse,
and produced the card, expecting that to be the end of it.
If at this moment you are thinking I had marijuana with me at
the time, you'd be wrong. Or if you are thinking it must at least reek
of marijuana, you'd also be wrong. I did not have anything with me as
carrying marijuana into the US would be an incredibly stupid move based
on their anti-everything policies. And I seldom ever carry anything
around, period, and couldn't honestly recall the last time I might have.
Either she has the nose equal to that of a bloodhound or had an
odor-sensor tool because I'm sure an average person would not have
smelled anything in my purse. On my body, perhaps, but not in my purse.
It is early afternoon and the travel window for the flight
departure is less than two hours. My children are instructed to remain
in the car while I remained inside, and instructed to provide a
statement. The duty officer explained that giving a statement now would
explain everything and remain on file for future border crossings to
avoid further issues about this. As much as I detested the thought of
being singled out in any way, shape or form and even more so having my
name automatically pulled up on the border computers, I conceded and
cooperated. All of my ID was photocopied and that included other
disability identification. My statement explained that I wouldn't dream
of carrying anything into the US because I understand it's only legal in
Canada and that I use it for multiple sclerosis symptoms, etc. I was
truthful in all ways. Once the statement was completed, I was allowed to
return to the car with my children to wait for clearance. A few minutes
later the duty officer returned and told me that I would not be allowed
to enter into the US and must come back into the customs office now for
more statements because I have officially been refused entry.
All three of us in the car went "Huh?" She explained that she
had truly believed I would be allowed entry after the statement taken,
but when she submitted it for clearance, was told absolutely not. She
said she even went to the next level and was again told absolutely no
entry and that I now was required to return to the office for more
statements and forms. I was supposed to be the return driver as my son
was unfamiliar with my daughter's car and both of them totally
unfamiliar with the city they are driving to. Now that I was suddenly
eliminated from the trip, the two of them were left to drive on their
own without benefit of my directions to the airport, make the flight on
time, and hopefully my son manage to drive back to Canada on the right
highway without being in an accident! As I had just been detained nearly
an hour by this time, it was a hurried good-bye and I said I would wait
there and read until he came back through. I was very concerned about
my son's return trip as he was not at all prepared for the drive and
would be completely alone, something he would never have agreed to do in
the first place.
Once back inside, within minutes what I believed to be a
temporary setback turned into an avalanche of bad news -- first, that I
would not be allowed into the US which I thought meant for that trip;
secondly, having it clarified that this was not a onetime denial, this
was permanently banned from the US for being an admitted drug user;
third, that it was required that I have two sets of fingerprints taken
as well as mug shots for the civil file now in my name; and fourth,
warned that if I attempt to enter the US again, I will be heavily fined
and any vehicle I'm in will be confiscated and any other country I
travel to now when asked if I've ever been denied entry into a country,
must now declare that I was refused entry to the US for being an
"admitted drug user"!
It was another hour inside the customs being processed, most
of the time in tears. The duty officer did what she was supposed to do
and thanked me at the end for being so cooperative... I asked her if I
could leave, and she said yes, but suggested I remain there to wait for
my son's return. I shook my head and said absolutely no way am I staying
here a second more than I have to after all this. She gave me copies of
my denial papers to deliver to the Canadian Customs and expected I
would wait there. But I was too upset to do anything but walk off my
anger and disappointment. I handed the papers to the Canadian border on
my way by, and said thanks but no thanks to remaining inside the
Canadian customs office until my son (hopefully) returned from the
airport trip, at least another 4 hours from now.
This particular border crossing is in a rural location and
miles from the nearest city. I felt I could walk there in a few hours,
and at least physically vent my anguish, not realizing (remembering)
that what I thought was maybe ten miles back was more like forty. The US
border is at the end of a long stretch of isolated highway without any
street lights. Since it was November it was getting dark by late
afternoon. And since it was Sunday, travel to and from the border was
almost nil and why the Canadian customs officer had pleaded with me to
not walk but to remain there. It was now occurring to me that walking
was not the smartest idea since it would be a very black winter night
soon, and I could still not see any city in sight. My choices were to
continue, go back, or hitchhike. I kept walking for several minutes
until I heard a car come by. I stopped, turned towards it and stuck my
thumb out. It continued past me, leaving me alone and wondering when (or
if) another car would come by. I was now unable to see any skyline
because of the continuing darkness and wondered what the chances were of
encountering a wild animal, trying hard to not let myself get nervous
about the possibilities. Within the next ten minutes a second vehicle
was coming and this time stopped for me and I got to the small city (a
further twenty minute drive) where I would wait for my son's eventful
return.
For several days after I was ill from the shock and stress and
long walk. It was several weeks before I could even begin to talk about
it. I have previously spent many vacations in the US and hoped to
travel in the near future. Now all those possibilities were ripped away
because I'm a federally approved Canadian medical marijuana user,
interpreted by the US as an admitted drug user and now in their
all-seeing database. The points to this experience are numerous and
repercussions extensive.
For your consideration: How can I be deemed a drug user in the US
when I didn't commit an offense on US soil? Why am I banned for having
genuine, federal cards identifying myself as a medical marijuana
candidate? How is it that medical marijuana is legal in California for
US citizens who qualify and they still did this?
My answers to these questions are this: The US is accumulating
data on every single person in every possible way and follows their own
rules, ignoring any rights we think we might have. That medical
marijuana is legal in California has no relevance to them. There is no
distinction between marijuana use and heroin addiction to them. Nor is
there any distinction between a medical user and a street drug dealer. I
was now declared criminally ill despite being legal in every inch of
Canada and did not commit any offence on US soil. It has been three
months since this has happened, and I am still traumatized by the entire
experience but at least able to talk about it.
For you and anyone you know planning on going to the US, I
have learned through other media releases and testimonials that people
are even being banned for having admitted to trying marijuana (or any
drugs) in their past. This is known as "retroactive punishment" and
about as unconstitutional as you can get. Since my experience, I've
discovered other examples that include the US border confiscating
business people's laptops and copying their hard drives upon entering
the US, and that some companies are now sending their employees without
computers for that reason. So if you are ill and on medically prescribed
drugs, don't mention it. If you are asked if you have ever done any
drugs in your life, say no. If you have anything personal on a laptop,
be prepared to have it taken. Otherwise, enjoy your trip while you
can...
- Submitted anonymously to the Newsletter of the West Kootenay Chapter of the Multiple Sclerosis Society of Canada
Volume 7, Issue 2, March 2008
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