Can admitting previous illegal drug use without any criminal record bar you from entering Anglophone nations (US, UK, NZ, Canada, Australia)?

Can admitting previous illegal drug use without any criminal record bar you from entering Anglophone nations (US, UK, NZ, Canada, Australia)? - From above of crop anonymous male hacker typing on netbook with data on screen while sitting at desk

I was under the impression that immigration officers only cared about people trying to smuggle drugs on/in their person or in their luggage. Even watching Border Security Australia, many non-national travelers have had their bags swabbed, come back for traces of drugs and still let into the country.

On the other hand, I've read online and watched many episodes especially regarding American/Canadian officers who turn travelers around that admit they partake in recreational drug use even without them attempting to smuggle drugs or having any drugs charge. They usually come across this while browsing their phone and looking at images of them smoking weed/snorting cocaine.

Is this common?



Best Answer

I don't know if there is an answer for "anglophone nations" in general—countries make their own laws and these laws can differ even when they share a common language or colonial history—but in the specific case of the United States, 8 USC § 1182(a)(1)(A)(iv) prohibits anyone "who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict" from entering the country, even if that person has not been convicted of any crimes in any country. Part (a)(2)(A)(i)(II) of the same section prohibits anyone who "admits having committed…a violation of any law…relating to a controlled substance," again without any requirement for a charge or conviction of such a violation.

It may not surprise you to learn that US officials, at least sometimes, interpret these rules rather broadly, and occasionally deny entry to people who merely admit past marijuana use, even in countries where this is legal.

There are additional further restrictions on people who have been convicted of drug trafficking or other crimes, but this doesn't seem to be the main focus of your question.




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Can you get into Canada with a drug conviction?

If a US citizen has a drug-related felony conviction in their past, they are very likely considered "criminally inadmissible" to Canada which can result in them being denied entry.

What drugs are legal in Australia?

Legal drugs include:
  • alcohol.
  • caffeine.
  • nicotine.
  • over-the-counter and prescribed drugs.




How criminal convictions can affect your Australian visa application?




More answers regarding can admitting previous illegal drug use without any criminal record bar you from entering Anglophone nations (US, UK, NZ, Canada, Australia)?

Answer 2

These style of questions, like "are you of have you ever been a member of the Nazi Party or Communist Party?", are there to give a blanket reason for revocation of visa and instant deportation for providing false information on the form if it can be shown you did lie on the tick boxes.

If you have never been convicted or arrested, and not blasted out of your noggin at the border, then say No.

Answer 3

Is the question, "have you ever used illegal drugs" part of a long list of questions presented together? If so, it's what I call a "no list"; if you know what's good for you you will answer "no" to them all, every time. As a general rule, they have no way of knowing what you actually did, unless of course you answered "yes". (If they do see a "yes" they will start asking a lot more questions in that area.)

As a backup, make up a story that explains why "no" is really the correct answer, something along the lines of "but I didn't inhale". If it comes down to it, you don't need to convince them of anything except that you didn't think you weren't intentionally lying.

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