Ironic legal advice

[aphid 0]

"Saunders recommends that Canadians travelling to the U.S. understand the difference between federal law and state law, but he sympathizes with those who answer the question truthfully — although he says you are under no obligation to do so."

An American lawyer implying that it's okay to lie to a US Customs officer? I wonder how his Bar Association feels about that. Although I can imagine the depth of Customs prosecution against anybody who tries that approach.

source: http://www.huffingtonpost.ca/2013/09/04/trudeau-pot-border_n_3867238.html

[kelpdiver 2]

aphid

"Saunders recommends that Canadians travelling to the U.S. understand the difference between federal law and state law, but he sympathizes with those who answer the question truthfully — although he says you are under no obligation to do so."

An American lawyer implying that it's okay to lie to a US Customs officer? I wonder how his Bar Association feels about that. Although I can imagine the depth of Customs prosecution against anybody who tries that approach.

source: http://www.huffingtonpost.ca/2013/09/04/trudeau-pot-border_n_3867238.html

The Bar would have to acknowledge the problem right now with state and federal law in contradiction to each other. This has been going on every since states started allowed medical pot use and only grows now that states have dispensed with the medical facade entirely.

With a significant (and I suspect growing again) minority of americans having some history of smoking weed at some point, I'd advise lying about it too. Esp if there's a 6 month delay and a $500 fee to get an exemption for it.

That said, customs here or in any other nation has never asked me that question. Is it typical for non residents coming into the US? I've been to 25+ nations including many were drugs are manufactured. Coming back from Peru, the US guy did ask if I brought any coco leaves. I didn't, though a female friend had (wasn't asked).

[aphid 0]

kelpdiver

Is it typical for non residents coming into the US?

I have no evidence to confirm it, but it just appears to be another of the 'flavours of the day' at the border, judging from the number of articles in newspapers suddenly about this latest line of questioning. My son (Canuck) and his wife (American) are both practicing lawyers and they went through the "When was the last time you did drugs?" interrogation two months ago on their way to catch a Seattle Mariner's game. And they confirmed the hostile tone, considering they planned on being in the USA for less than 7 hours.

In the past we've seen brief but notable runs on Kinder Eggs (a chocolate kids treat), Beanie Babies (kids toy bearing only English & French licensing info), homemade roast beef sandwiches for lunch-on-the-road (Mad Cow hysteria), and oranges (even ones with 'Florida' labels).

I understand their role on protecting your nation from bad people and bad things, but most of these seem to be just silly and destined only to piss your cash-flush visitors off. And the penalties certainly seem disproportionate.

BTW: I think the Canadian Border nits going apoplectic over a 25 year American DUI a bit absurd too, although those are criminal offenses in Canada.

[kelpdiver 2]

aphid

BTW: I think the Canadian Border nits going apoplectic over a 25 year American DUI a bit absurd too, although those are criminal offenses in Canada.

This is the counter example that came to my mind. Bear in mind that pot is still a criminal offense as far as the Feds are concerned, and when they're not paying heed to that false states rights guarantee.

[ryoder 1,381]

So if you've admitted to smoking pot, you can be elected POTUS, but you can't *visit* the US.

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

[aphid 0]

kelpdiver

With a significant (and I suspect growing again) minority of americans having some history of smoking weed at some point, I'd advise lying about it too.

I made a statement last week that it was likely that if you polled everybody in Canada under the age of 50, you would be hard-pressed to find a handful of people who had never experimented at some point in their life.

So I did a quick non-scientific poll at the DZ yesterday afternoon. I found just one person among all who chose to respond to the question.

Are there any studies to indicate that even one-time pot use in the USA is still in the minority?

As an aside, the son of a friend in AZ was deemed unacceptable for service in the US Coast Guard for admitting one-time experimentation in high school. I thought the forthrightness of his honesty would more critical than a youthful indiscretion.

(Full disclosure: Smoke pot or not, I don't care. But I do want to get the organized criminals out of it)

[kelpdiver 2]

aphid

Are there any studies to indicate that even one-time pot use in the USA is still in the minority?

unsure. I do think usage had been declining, but with medical marijuana making it much much easier to obtain, I think it's a significant majority for those in their 20s, and a substantial jump upward.

[Andy9o8 0]

kelpdiver

***
Are there any studies to indicate that even one-time pot use in the USA is still in the minority?

unsure. I do think usage had been declining, but with medical marijuana making it much much easier to obtain, I think it's a significant majority for those in their 20s, and a substantial jump upward.

Yeah, but there's an added dynamic keeping downward pressure on pot smoking these days, which did not exist back in the 70s & 80s when virtually every single college student who lived away at school smoked pot at least once: the increasing commonality of employee and/or job applicant drug testing, for just about every kind of job, in just about every kind of workplace. Huge factor.

[kelpdiver 2]

Andy9o8

the increasing commonality of employee and/or job applicant drug testing, for just about every kind of job, in just about every kind of workplace. Huge factor.

That would only apply to current use, though at the places in the Bay Area I heard actually doing it (usually solutions companies like IBM or EDS), every one there seemed to just go out to the nearby head shop and use the solution for the single, pre employment test, and then went right back to toking.

Nonetheless, this is still a significant issue. While states are now saying that you can possess and smoke it, it still looks like your employer can fire you for doing so, as well as testing you. Bit of a disconnect. As my employer is doing government contracts now, we were asked (in a semi voluntary way) to get a trust rating from the GSA - drug use would likely complicate that.

[billvon 2,396]

>An American lawyer implying that it's okay to lie to a US Customs officer?

I don't think he did that. He said they are under no obligation to answer the questions truthfully, which is true.

Consider a lawyer telling his client "you are under no obligation to talk to the police or to tell them anything, truthful or otherwise, about where you were that night." Such admonitions are common.

[NorrinRadd 0]

Employment drug testing is not permitted here in Ontario. Huzzah!
From the Ontario Human Rights Commission:

Quote

It is the OHRC’s view that such testing is prima facie discriminatory and can only be used in limited circumstances. The primary reason for conducting such testing should be to measure impairment.

Why drive myself crazy trying to be normal, when I am already at crazy?

[Andy9o8 0]

Quote

just go out to the nearby head shop and use the solution for the single, pre employment test,

Aside from the issue of the reliability of those, a lot of employers have switched over to testing hair. Just worth mentioning.

[jclalor 12]

Quote

ryoder

So if you've admitted to smoking pot, you can be elected POTUS, but you can't *visit* the US.

If you have been convicted of smoking a joint in the US, try getting into Canada, it's a major pain in the ass and will cost you several hundred bucks.

[aphid 0]

jclalor

Quote

***So if you've admitted to smoking pot, you can be elected POTUS, but you can't *visit* the US.

If you have been convicted of smoking a joint in the US, try getting into Canada, it's a major pain in the ass and will cost you several hundred bucks.

In fairness, the point is these Canadians are being denied entry to the USA on the basis of just honestly admitting they have partaken. No arrests and no criminal records.

God forbid a visitor voluntarily admits they shoplifted a pack of bubblegum as a child...

Oh well. It's America's bat and America's ball...

[oldwomanc6 38]

Frankly, driving across the border from Canada is a crap shoot even for US citizens.

I've had guns drawn on mrowc6 and me at the border.



For no other reason than having the fourth most common name in the US.

lisa
WSCR 594
FB 1023
CBDB 9

[aphid 0]

oldwomanc6

Frankly, driving across the border from Canada is a crap shoot even for US citizens.

I've had guns drawn on mrowc6 and me at the border.

For no other reason than having the fourth most common name in the US.

Please reassure me those were not Canadian border personnel that did that...

[oldwomanc6 38]

Nope, U.S. personnel. The Canadians detained us, too, but were very polite.

lisa
WSCR 594
FB 1023
CBDB 9

[aphid 0]

Here's a heads-up for Canuckian skydivers...


"Is there a culture of anti-Canadian, anti-immigrant attitudes among some U.S. Customs and Border Protection members?"
source: http://www.peacearchnews.com/news/225409002.html


“Jessica wasn’t breaking a law when we tried to cross. We weren’t carrying anything, there was nothing in the truck. The way this was dealt with, the way we were looked at, we might as well have been serial killers.”
source: http://www.bclocalnews.com/news/223382721.html


And a news story from television:
http://bc.ctvnews.ca/video?clipId=1004904