Marijuana, the law and the border

MASSENA, New York (WWNY) – In the eyes of the law, it’s okay to have a little marijuana on you in New York state. It has also been legal in Canada since 2018. But, there’s still one place it’s not.

“Customs and Border Protection will continue to enforce federal law, which does prohibit the possession of marijuana,” said Robert Dwyer, Customs and Border Protection, Massena port director.

There’s been a definite uptick in people trying to cross the border with pot, edibles and vape pens containing THC, the active ingredient in marijuana.

“Sometimes people do seem surprised, especially when we’re talking about medical marijuana where people think: ‘Well I have a prescription for this,” said Dwyer.

But under federal law, that’s illegal, too. If you do have marijuana in the car when you arrive in the U.S., there are two things that can happen.

The key is how you answer this question: “Anything to declare coming in today?”

If you declare the marijuana as you would any other good, they’ll simply take it away. If you fail to declare it, and they find it, you don’t want that.

“The marijuana would be subject to seizure, possible fines, a penalty … or we could detain your vehicle until the penalty is paid,” said Dwyer.

The fine is $500. There are a variety of ways to pay right there. A promissory note can also be signed. But, pay up in 30 days, or your car could be in danger again.

Before long, marijuana sales will be legal in New York. But the law at the border appears it will remain the same. So the best advice from officials is, ‘Just don’t bring it here.’

Don’t think about taking your weed the other way either. Even though it’s legal in Canada, it remains illegal to cross the Canadian border with it.

Copyright 2022 WWNY. All rights reserved.

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