Pubdate: Tue, 19 Mar 2013
Source: Seattle Times (WA)
Copyright: 2013 The Seattle Times Company
Contact:  http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Author: Lornet Turnbull
Page: B1

POT LAW CREATES A HAZY BORDER

Canadians Are Finding That Before They Can Enter Pot-Friendly 
Washington, Where Marijuana Is Now Legal for Recreational Use, They 
Must First Be Admitted into the Country by the U.S. Government, Which 
Still Outlaws the Drug.

Perhaps nowhere is the disconnect between state and federal marijuana 
laws more evident than on the nation's northern border.

Canadians traveling south from British Columbia, where pot is 
illegal, but the laws lightly enforced, are finding that before they 
can reach weed-friendly Washington they must first reconcile with the 
U.S. government, which controls the border and outlaws the drug.

Canadians are regularly busted at the border with quantities of weed 
small enough to be considered legal in this state, yet illegal in any 
amount under federal law.

In the past, U.S. Customs and Border Protection (CBP) officials would 
seize the drugs and block the individuals from the country, requiring 
them to then seek an immigration waiver if they want to enter the 
U.S. in the future.

Additionally, they would either be fined civilly by CBP or cited for 
possession by local law enforcement in the U.S. towns and counties 
along the border and prosecuted in the courts there.

But with marijuana now legal in Washington under Initiative 502, 
local law-enforcement officials are no longer citing anyone 21 or 
older for possessing up to an ounce of marijuana, leaving border 
officials with no other option but to issue civil fines, in addition 
to the immigration penalties they impose.

"The state initiative did not change federal law," CBP Border Chief 
Thomas Schreiber said.

And the violations, he said, "are actually not that rare; we see them 
on a weekly basis."

It's happening much the same way at the state's seaports for those 
entering on ferries or on the Victoria Clipper.

At Vancouver International Airport, where CBP has pre-clearance 
operations for people traveling into the states, officials are 
referring violators to local law enforcement or fining them. Non-U.S. 
citizens are blocked from entering.

In all instances - whether it's a felony-level quantity over 40 grams 
of marijuana or misdemeanor amounts less than that - border officials 
usually contact Homeland Security Investigations officers to inquire 
if it's the type of case the federal government might pursue.

Invariably, federal prosecutors don't pursue drug cases unless they 
involve large-scale criminal or drug-smuggling organizations.

Border bust

Regardless of whether pot is legal in Washington, people who travel 
back and forth across the northern border usually understand two 
things: "Going north, the kiss of death is (drunken driving); coming 
south, it's marijuana," said Len Saunders, an immigration attorney in Blaine.

Brian Fowler, of Surrey, B.C., learned that hard lesson in September 
when he tried to come to Washington to visit friends, as he's done 
once a month or so for years.

"They had dogs out sniffing and asked me about it," the 32-year-old said.

He'd completely forgotten about the three joints he had in his pocket 
until the dog stopped at his car and started pulling on its leash.

A judge in Blaine reduced Fowler's $1,000 fine to $700 and he walked 
away without a drug conviction on his record.

"I assumed everything was OK, but I still need a waiver" to enter the 
U.S. again, he said, a fee-based process in which immigration 
officials use discretion to reconsider cases of those it previously 
excluded from entering.

Court business slows

The Obama administration hasn't yet decided how the federal 
government will formally respond to the laws passed in November by 
voters in Colorado and Washington allowing recreational use of marijuana.

It's still illegal here for those under 21 to possess pot or for 
anyone to possess more than an ounce.

Driving under the influence of marijuana is also still illegal.

Before the change, many local prosecutors were willing to cut deals, 
particularly for those with no prior offenses. In cases involving 
small quantities of pot for personal use, such individuals could 
often walk way without a drug offense on their record.

Jim Wright, a private-practice attorney who is also the prosecutor 
for municipal court in the border town of Sumas, Whatcom County, said 
he has not prosecuted any cases since the new state law took effect.

"When the law was initially passed, there were a lot of Canadians who 
didn't know (possessing pot) was still a problem," Wright said. 
"Obviously the feds have not changed."

Violations at the Peace Arch border crossing, the most popular 
crossing in the state, are handled by the Blaine Municipal Court, 
which has prosecuted no Canadians since I-502 passed, although it has 
handled the cases of two underage Americans possessing marijuana.

Rajeev Majumdar, that court's prosecutor, who is also a 
private-practice attorney in Blaine, said:

"Because many Canadians crossing the border tend to be honest, 
upstanding folks, they may simply admit to having a few joints."
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MAP posted-by: Jay Bergstrom