GRAND RAPIDS, Mich. - Marijuana is now legal in Canada. Wednesday, October 17, the country became the first major economy in the world to legalize the recreational use of marijuana.
A proposal on the ballot next month allows Michigan voters to decide whether to legalize recreational marijuana in the state.
A law expert and U.S. Customs and Border Protection director help Verify: If Michigan legalizes recreational marijuana this November, can people bring it across the border?
“Individuals can go up to Canada and they'll be subject to the laws of Canada at that point,” said Devin Schindler, a WMU Cooley Law School professor.
Americans at least 18 years old are allowed to purchase pot there.
“The problem arises, however, if people try to cross the border back to the United States with that same marijuana,” Schindler said.
Even if Michigan were to legalize recreational marijuana, the federal restrictions would stay the same.
“Marijuana trafficking is still a federal felony, a five year felony, and if you cross the borders you are subject to federal law and federal jurisdiction,” Schindler said.
People who violate the federal law could face fines and arrest.
“If you cross into the United States with less than 50 kilograms, a relatively small amount, in addition to potential incarceration, there's also a fine which can range as low as $250,000 upwards from there," Schindler said. "Of course they're going to seize your marijuana.”
Mail-order marijuana will be an option in Canada. But that doesn't mean you can get it sent here.
“Absolutely not, that's drug trafficking," Schindler said. "You are crossing into the United States... to mail a Schedule 1 illegal substance.”
So if Michigan legalizes recreational marijuana this November, can people bring it across the border? No.
“The U.S. federal law that prohibits the importation of marijuana has not changed, and U.S. CBP officers will continue to enforce those laws," said Christopher Perry, the director of field operations at U.S. Customs and Border Protection. He was speaking at a press conference in Detroit.
Even if you get past U.S. Customs and Border Protection, you’re not home free.
“You could get in trouble for operating while under the influence of intoxicating substances," Schindler said. "The fed could still come after you for possession, because it's still a federal law to possess, the fed could still come after you for drug trafficking."
He also said if Michigan legalizes recreational marijuana, there might be tax consequences if people bring it in from abroad.
Schindler added that Attorney General Jeff Sessions recently announced he intends to enforce federal drug trafficking laws, despite what the states do.
It’s important to remember, federal laws trump state laws.
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