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Marijuana legalization may cause headaches at US/Canada border

Prison time and fines for those possessing marijuana at border despite legalization in NYS/Canada

Peace Bridge. August 1, 2020
Peace Bridge. August 1, 2020
WBEN/Mike Baggerman

BUFFALO, N.Y. (WBEN) - Marijuana's legalization in New York State may cause even more headaches at the international border between the United States and Canada.

Even though the recreational adult use of the drug will be legal in both New York and Canada, marijuana remains illegal at the federal level. Because it is illegal, you cannot take the drug across any of the borders, including the Peace Bridge, Whirlpool Bridge, Rainbow Bridge, and Lewiston-Queenston Bridges in Buffalo.'


"If somebody attempts to cross the border with marijuana in their possession, they can be penalized, fined, or even go to jail and get arrested," Jeffrey Toth, the Customs and Border Protection Public Affairs Liason at the Buffalo Field Office, said. "Once Canada legalized marijuana, we saw an increase. We saw a bump in seizures, primarily personal use amounts on individuals crossing the border."

Toth didn't exclusively blame the rise in marijuana-related offenses at the border on the legalization, saying there's many factors that play in.

"It's definitely a contributing factor," he said.

Democratic Congressman Brian Higgins' office declined to comment on whether action needed to be taken federally about the potential issues at the border. Higgins has previously voted in favor of marijuana-related laws. A message to republican Congressman Chris Jacobs' office was not returned, though Jacobs previously opposed efforts to legalize the drug during his time as a state senator.

"I believe this should be legalized at the federal level," State Senator Tim Kennedy, a democrat, said. "It is definitely time for that. It's a long time coming. This is the next step forward in that process. New York State has typically been a tipping point in the rest of the nation moving toward many other legislative initiatives. I believe this will help move our country in the right direction."

Fines could cost first-time offenders hundreds of dollars. Habitual offenders face heftier fines and even prison time if convicted of possession. Someone caught with a small amount of marijuana at the border will likely be charged with a misdemeanor and could face up to a year in prison. However, possession with intent to distribute could land you behind bars for five years.

"Do not bring any marijuana or any other illicit narcotics across," Toth warned. "If we catch you, you will definitely be subject to penalty and possible arrest."

Prison time and fines for those possessing marijuana at border despite legalization in NYS/Canada