Can I travel to Florida with a criminal record for possession of cannabis?

Can I travel to Florida with a criminal record for possession of cannabis? - Makin' Magic Album Sleeve

I have been told that I have court in July for a personal use of cannabis case. I got caught with cannabis last May, a month after I turned 18 years old, with 28 grams of cannabis. It was only for personal use, not for supply, and I thought it was over with last year. However, I have got a letter through the post saying I have court now.

I have been told by people I know that I may get a fine or community service hours as it was only personal use, but I have booked and paid for a holiday in Disneyland, Florida, USA in August.

Assuming I'm convicted in July, can anyone tell me if I will be able to enter the USA if I declare my conviction?



Best Answer

You are most likely not going to get to the border, let alone being allowed to enter.

Before travelling to the USA you will need to apply for and be approved for either an ESTA or a US Visa.

During the application process for an ESTA, you will need to answer the following questions :

Have you ever violated any law related to possessing, using, or distributing illegal drugs?

Obviously you will need to answer "yes" to that answer. Once you do, it is most likely that your ESTA application will be rejected. Once this occurs you can instead attempt to apply for a US visa, however this process as a similar question, and will likely lead to (at best) a long and drawn-out process before a visa is issued, if one is issued at all.

You may be tempted to answer "no" to this question, but keep in mind that the US and the UK do share criminal information, so in this case your ESTA application will still most likely be rejected, in which case you will be in an even worse situation due to having lied on the application.

Your only real option at this stage is to apply for an ESTA, answer truthfully, and hope that it is approved. If it is, you're good to travel to the US and will most likely be allowed enter. If it's rejected, you likely don't have sufficient time to consider any other options.

Note that although cannabis is legal in some US states, under federal law it is still illegal through the entire country.




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What convictions stop you entering America?

Crimes of Moral Turpitude
  • Passing bad checks.
  • Assault causing bodily harm, or with intent to cause harm.
  • Assault with a weapon.
  • Assault with intent to cause bodily harm.
  • Aggravated Assault. ...
  • Sexual assault.
  • Theft.
  • Burglary.


Can I go to America with a criminal record for drugs?

Travelling to the USA, in brief. It's important to note that having a criminal record does not automatically bar you from travelling to the USA. Anybody travelling to the US for less than 90 days will be able to travel under the Visa Waiver Programme (VWP).

What would stop me getting an ESTA?

Crimes against the person such as murder, manslaughter, rape, gross indecency, serious assaults, kidnapping. Crimes against property such as arson, burglary, theft, robbery, fraud, receiving stolen property. Crimes against a government authority such as benefit fraud, tax evasion, bribery, perjury.

Can US Customs see my criminal record?

The CBP officers can use this database to view an individual's criminal record and prior criminal history. Even without disclosing your criminal record, CBP officers can access your full criminal history on the CPIC database. Any questions asked by the CBP officers should be answered truthfully.



What should I do if I was arrested in Florida during Spring Break for possession of cannabis?




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Lopsan, Nextvoyage, Pixabay, Elvis Vasquez