Less than two weeks after a Canadian woman was barred from entering the U.S. after being stopped at the border with CBD oil, the U.S. has reversed her lifetime ban, an outcome her lawyer is calling a “best-case scenario.”
The 21-year-old, who has asked not to be identified by CBC News, was crossing the border between B.C. and Washington state in August when cannabidiol (CBD) oil was found in her backpack.
CBD is a non-psychoactive product of the cannabis plant, which the woman uses to treat the painful side-effects of scoliosis.
She said she thought the oil was perfectly legal to carry over the border, considering such products are legal in both British Columbia and Washington state. But while some U.S. states have dismantled prohibition, cannabis possession remains a criminal offence federally and the U.S. border is governed by federal law.
The woman, an undergraduate student at the University of Guelph in Ontario, was fined $500 for failing to declare the oil, fingerprinted and subsequently denied entry to the U.S.
She was told if she ever hoped to regain entry to the U.S. she would have to pay an additional $585 to apply for a special waiver, a document required for all people denied admission after deportation or removal.
Lawyer Len Saunders, who had been working with the woman to fill out that application, said that on Friday she was unexpectedly contacted by a supervisor at the Point Roberts, Wash., point of entry, and told that her inadmissibility case had been reversed and she would no longer be required to apply for the waiver.
“My reaction obviously was shock. I was shocked that it was such a 180-degree turn from basically being barred for life to being told that they had on their own reviewed the case and had basically reversed their decision,” said Saunders, who is based in the border city of Blaine, Wash.
The port of entry did not provide the woman, or Saunders, a reason for the reversal. U.S. Customs and Border Protection did not immediately respond to CBC’s request for comment.
“Did they decide themselves that having CBD oil is not the same as having THC or cannabis? At this point I don’t know,” said Saunders, adding the case highlights the confusion around cannabis laws and international borders.
Depending on the product, CBD oil usually contains only trace amounts of tetrahydrocannabinol (THC) — the principal psychoactive compound in cannabis — and typically does not produce any sort of high.
‘A moving target’
On its website, the Canada Border Services Agency states that “transporting cannabis across the border in any form — including any oils containing THC or cannabidiol (CBD) — without a permit or exemption authorized by Health Canada remains a serious criminal offence,” even after legalization.
But Saunders said the federal government has done a poor job of educating people about travelling with cannabis-related products, and that regulations remain “a moving target.”
“Going forward all I can tell people is to be cautious on what they bring to the United States because who knows, today CBD oil is OK, but CBD oil next month may not be. Nobody really knows what’s going on,” he said.
Saunders said his client, who has since returned to Ontario, is immensely relieved by the outcome.
Saunders is currently working on a similar case involving a Canadian man who was travelling to the U.S. from Tokyo, and was detained for several hours at Seattle’s airport after customs officials found he was carrying two bottles of CBD oil.
He says he now plans on reaching out to Customs and Border Protection at Seattle’s Sea-Tac Airport to see if it will also reverse its decision to issue a lifetime ban.
“It should be consistent [no matter] the border — there needs to be consistent application of the law,” Saunders said.