Invest in cannabis stocks, face lifetime ban on entering the USA

Amazon whut
Oct 16, 2018 26 Comments


Here is the statement:

https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-canadas-legalization-marijuana-and-crossing-border

This part:

"Requirements for international travelers wishing to enter the United States are governed by and conducted in accordance with U.S. Federal Law, which supersedes state laws. Although medical and recreational marijuana may be legal in some U.S. States and Canada, the sale, possession, production and distribution of marijuana or the facilitation of the aforementioned remain illegal under U.S. Federal Law. Consequently, crossing the border or arriving at a U.S. port of entry in violation of this law may result in denied admission, seizure, fines, and apprehension."

That's referring to a section of the act that carries a lifetime ban on admission to the US.

Here is the act this is referring to:

INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILITY

Sec. 212. [8 U.S.C. 1182]

(C) 2aCONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the Attorney General knows or has reason to believe--

(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or

(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.

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TOP 26 Comments
  • Apple KGHP41
    It doesn’t say that.
    Oct 16, 2018 1
    • Amazon whut
      OP
      Yes it does, updated the OP with details
      Oct 16, 2018
  • Cummins Moooooo
    OP Did you even read that ???
    Oct 16, 2018 4
    • Amazon whut
      OP
      Yes, I just updated the OP with details
      Oct 16, 2018
    • Cummins Moooooo
      Smh I can’t help you!
      Oct 16, 2018
    • Amazon whut
      OP
      What part of this did you not understand:

      "the sale, possession, production and distribution of marijuana or the facilitation of the aforementioned remain illegal under U.S. Federal Law. Consequently, crossing the border or arriving at a U.S. port of entry in violation of this law may result in denied admission, seizure, fines, and apprehension."

      As an investor you facilitated the production and distribution of marijuana.
      Oct 16, 2018
    • Intel UGeJ58
      I absolutely agree with OP that you could get tracked down for aiding a marijuana company
      Oct 16, 2018
  • Ness Technologies FkTrump
    By your messed up logic all the trading platforms have facilitated illegal distribution of weed. So will they be prosecuted? What abt the SEC which didn’t object for the same ?? Stupid op
    Oct 16, 2018 1
    • Amazon whut
      OP
      Call me stupid all you want. Let a CBP officer know that you are an investor in a US cannabis company and see what happens. Try it and report back to us.

      It's not my logic, it's DHS's logic, and whether or not you agree with it, it is the logic that they are in fact applying at the border and there are in fact people being denied entry. In fact I don't agree with it, but that doesn't matter: it is DHS's opinion that matters.

      In answer to your question because prosecution is a state matter and the states are refusing to prosecute no none of those entities will face prosecution. Nor will you as an immigrant investor face prosecution because the district attorney for your state will decline to bring charges.

      But that doesn't matter to DHS. The perspective DHS takes is that federal law lists marijuana in the list of controlled substances and anyone engaged in trafficking it in the United States is therefore inadmissible and removable.
      Oct 16, 2018
  • New manium
    The last section of this article touches on the topic. Major investors or owners of cannabis companies entering the US on business would be denied entry. People owning cannabis stocks via mutual fund or ETFs are probably okay, as are cannabis industry employees entering for personal reasons. https://www.cbc.ca/news/politics/tasker-us-border-cannabis-1.4865431
    Oct 16, 2018 1
    • Amazon whut
      OP
      That's for people who own CANADIAN cannabis stock. They are not violating any law in Canada and as long as their entry to the US has nothing to do with their Canadian cannabis business they haven't violated any US law either.

      If you own US cannabis stock you are an owner of a criminal organization engaged in trafficking controlled substances in the United States and that makes you inadmissible.

      That's because those companies are illegal under US federal law and exist only because the States have refused to enforce the federal law.
      Oct 16, 2018
  • Comcast kSoT38
    What does it have to do with investing or stocks?
    Oct 16, 2018 1
    • Amazon whut
      OP
      You are participating in and profiting from a criminal enterprise that trafficks in a controlled substance according to US federal law, which DHS considers supercedes the state law that legalized it
      Oct 16, 2018
  • New / Eng
    Hopppppppp

    New Eng

    PRE
    Boeing
    Hoppppppppmore
    Can anyone confirm this? It says entering the US for the purpose related to illegal substance. Will investment in etf count as above?
    Oct 16, 2018 7
    • Amazon whut
      OP
      The question on the visa form is "have you ever"
      Oct 16, 2018
    • New / Eng
      Hopppppppp

      New Eng

      PRE
      Boeing
      Hoppppppppmore
      Just say no
      Oct 16, 2018
    • Amazon whut
      OP
      I agree, if you have invested in these companies and you admit it you face a lifetime ban on entering the US, so yeah, you have a strong incentive to lie about it on your application.

      But then if they find out you are doubly damned, both for lying to obtain an immigration benefit, and for participating in drug trafficking.
      Oct 16, 2018
    • New / Eng
      Hopppppppp

      New Eng

      PRE
      Boeing
      Hoppppppppmore
      Do you own any such stock or etf? A lot of ppl I know here on visa have bought it. I don’t think ot will a problem.
      Oct 16, 2018
    • Amazon whut
      OP
      I don't. It will be a problem if USCIS or CBP find out that you have invested in these stocks.

      How they would find out? I don't know. I bet they don't have any feed from your stock broker so most likely you would have to tell them or provide them the information. Possibly in the future they will be able to get that data themselves, as SEC and IRS certainly can, but I doubt DHS have that integration today.

      But if they ever asked you to produce a list of your investments or you were not aware of the issue and actually admitted to them that you own this stock then you have a problem.

      One reason I posted this thread was to warn people so that they understand the danger lurking behind the seemingly innocent question, "did you ever invest in any of these cannabis companies?"

      Say yes to that and you are done. I can see a lot of people getting trapped by that question if they don't know that it makes them inadmissible.
      Oct 16, 2018
  • Amazon I3JQHz
    This is true. There is a white Canadian citizen who invested in weed stock got rejected at the border.
    Oct 23, 2018 1
    • Apple KGHP41
      How did they find out?
      Oct 23, 2018
  • New / Mgmt
    FourHrWkWk

    New Mgmt

    BIO
    Interests in investing, energy, cannabis, public company mgt
    FourHrWkWkmore
    I’ve known of a couple of Canadian citizens this happened to, so far Americans haven’t gotten stopped from coming home. I think behind the policy was a big FU from DOJ to Trudeau, as Canada is making $$ on evil weed. I suspect this will go away when STATES act passes.
    Feb 23 0
  • Amazon whut
    OP
    Here is a case:

    https://www.theglobeandmail.com/cannabis/article-canadian-banned-from-us-for-marijuana-investments-seeks-waiver-to/

    This guy was identified by CBP because he was quoted in the media as an investor in US cannabis companies, but the rule would apply to ANY foreign investor in US cannabis business.

    The only difference between him and most retail investors is that CBP wouldn't generally know what you have invested in, unless you tell them, or discuss it in the media or some public forum that enables them to identify you.
    Oct 16, 2018 0
  • Facebook public
    Guess only citizens are allowed to get rich. Classic US :/
    Oct 16, 2018 0