“The people are dumbfounded. When I tell them there’s really not a lot I can do, they’re shocked.”

A new policy in place at entry points into the U.S. borders on the absurd.

The guidance, reportedly provided to border supervisors for U.S. Customs and Border Protection (CBP), lists legal cannabis use by Canadians as a disqualifying factor in obtaining a Nexus pass, which allows frequent travellers to be pre-screened and cross over more quickly.

The directive was not intended to be widely circulated, but emerged during a lawsuit by a Seattle legal firm seeking more information on the legal basis for treating Canadians working in the industry as “drug traffickers,” according to Global News.

“If an alien admits to the use of marijuana (post-legalization) he or she is technically admissible to the U.S., but would not be eligible for a Trusted Traveller Program,” the instructions noted.

Lower-level officers at the border were reportedly given different guidance that uses softer language that only implies passes “may” or “could” be lost, and does not make clear if agents are asking about pre- or post-legalization drug use in their questioning.

The repercussions were recently felt by a West Coast software developer with dual citizenship when he tried to renew his Nexus pass. After sailing through his Canadian interview, the traveller, who requested anonymity for professional reasons, said things got tense when talking to a U.S. official.

“He just started asking rapid-fire questions: ‘Have you ever had a DUI?’ He was just looking for something,” he said. “Finally, he asked, ‘Have you ever smoked marijuana?’ He kind of curved his shoulders and looked at me,” he said.

“I told him I tried it when it became legal in Canada, but I don’t have any desire for it. I don’t like marijuana.”

The traveller was soon notified by e-mail that he was not “low-risk” and that his pass would not be renewed.

“The worst I’ve ever gotten is a speeding ticket,” he said. “I can’t believe this is actually happening to me. Even though it’s federally prohibited in the U.S., it’s legal in Canada. How can you hold that against me? It doesn’t make any sense.”

The policy creates a dangerous situation for Canadians who do not realize admitting to legal use of cannabis could get them banned from the Nexus program for life, according to Len Saunders, an immigration lawyer based in Washington state.

“Usually it’s someone who’s younger, in their teens or early 20s,” Saunders said. “The officers will frequently ask if you’ve ever used cannabis in the past. A lot of times people admit to it, whether they’ve done it before legalization in Canada or after,” he said.

“They don’t realize that if they’re asked that question and they admit to it, it’s basically the kiss of death to getting a Nexus card. It’s an immediate denial and a lifetime ban from the program,” Saunders said.

“The people are dumbfounded. When I tell them there’s really not a lot I can do, they’re shocked.”

The lawsuit that triggered the discovery of the secret instructions is trying to gain access to further documents explaining the basis for banning Canadians for legal actions, according to lawyer Chris Morley.

“There does appear to be, from CBP’s actions and statements, an actual policy that they’re implementing,” Morley said. “There appears to be an interpretation of the Immigration and Nationality Act that they have turned into a policy. It appears that they developed this policy in April of 2018 and they started implementing it then.”

The CBP said it does not comment on ongoing litigation.

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