Originally published: August 19, 2016, Updated: May 1, 2024

Have a prior marijuana conviction? Your ability to travel to the U.S. might be in jeopardy. Despite changing laws at the state level, marijuana is still federally illegal. If you’ve got a conviction on your record, it isn’t the same as an alcohol DUI. You could be turned away at the border. But that doesn’t mean you can’t travel to the U.S. at all.

Here’s what to know about the border regulations and restrictions — and why you need to do your research before you set out.

Understanding US Travel Restrictions

U.S. immigration law criminalizes anything having to do with marijuana. This includes medical or other activity even when it wasn’t a crime where it occurred. For instance, it doesn’t matter that places like Canada support full legalization — U.S. law is extremely strict.

Drug crimes are regarded as crimes that involve moral turpitude, or depravity. This means they’re grounds for inadmissibility or deportation. Having these crimes on your record can also make you inadmissible for future entry.

How To Navigate US Border Crossings

You should never discuss your marijuana activity with border agents. This applies even if you’re entering the U.S. via a state like California, where the laws are more favorable. Sharing your personal medical or recreational usage history could be grounds for inadmissibility. Some immigrants have faced increased scrutiny for working in marijuana cultivation, even when they held these jobs in legal areas of the U.S.

It’s also a good idea to remove media related to marijuana from your devices and social media profiles. Obviously, you shouldn’t wear marijuana-themed apparel either.

What if you have a prior marijuana conviction? In this case, your options depend on the nature and severity of the charge. Crimes of moral turpitude are mostly deemed ineligible for entry waivers, but there’s an exception for simple possession of marijuana. This applies if you were convicted of a single offense and the possession amount was 30 grams or less. You may also be eligible for a waiver if your crime involved possessing a small amount of drug paraphernalia, like a bong or pipe.

Waiver eligibility doesn’t apply if you were convicted of another crime in conjunction with a marijuana offense. For instance, if you also picked up a weapons charge, then a waiver isn’t an option. It’s also worth considering that waivers can take months to process when you’re eligible.

Legal Implications

Don’t try to enter the U.S. with a marijuana conviction and hope you’ll just get lucky. Although some ports may be less likely to ask, individual agents can request criminal information at their discretion.

If you falsify your entry information and try to hide (a misdemeanor), you might spend six months in federal prison. You could also be made to pay a costly fine.

Things will only get worse if you slip past the border and get discovered later. In these felony cases, you may spend between 2-20 years in prison depending on your circumstances. No matter whether you’re charged with a misdemeanor or felony, you’ll have a harder time entering in the future.

Advice and Resources

Navigating U.S. travel restrictions is tricky. One of the smartest things you can do is to talk to an experienced attorney. Immigration and criminal record experts can help you decide how to proceed.

It’s also wise to review forms like I-192 (Application for Advance Permission to Enter as a Nonimmigrant). This is the form you’ll need to fill out to apply for an entry waiver and gain temporary travel eligibility.

There are also numerous immigrant-oriented resources online, many of which are run by nonprofits:

Government Resources

Government resources can also be helpful, particularly as regulations change. For instance, the U.S. Embassy & Consulates in Canada routinely post updates to policies. You can also seek clarification directly from the agencies responsible for enforcement, like the U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection.

Remember that U.S. laws are a patchwork quilt. If you’re traveling to places where marijuana is legal, check official state, county, and city government websites first. This can help you get a better feel for what to expect from regional enforcement.

Conclusion

Marijuana laws in the U.S. are in flux, and they’re likely to be that way for some time. Even though states and cities are changing how they view the substance, federal law remains stuck in the past. Since immigration is a federal matter, national rules trump local measures.

If you want to travel to the U.S. with a marijuana conviction, there are a few steps you should take. The most important measure is to talk to an immigration expert well before your journey.

Getting legal guidance can make it easier to deal with the system and plan a safe trip. It can also boost your odds of submitting a complete waiver application.

If you have a prior marijuana conviction and are considering traveling to the U.S., get informed. Learn more about applying for a U.S. entry waiver today.

How To Travel to the US With a Marijuana Conviction