DID YOU TELL CBP THAT YOU SMOKED MARIJUANA?
Well, you will likely now be denied entry for admitting to smoking Marijuana and will need a us entry waiver. This is irregardless as to whether you have ever had criminal charges or convictions.
Do you want to know why you will need a waiver because you told CBP that you smoked a joint? The reason is simple and I will give you the following scenario to help you understand:
Suppose you just robbed the Abbotsford Bank of Montreal in a ski mask and you successfully escaped apprehension. No one to include the police will ever know your identity since you got away totally free. Specifically, no police officer whatsoever knows that you have committed a criminal act.
Now you get stopped in Surrey by the RCMP and he is asking you why you are speeding. You calmly and confidently explain that you just robbed the bank in Abbotsford yesterday and want to hurry home to see the money again. Now you have freely and voluntarily admitted some specific details about the crime to the constable. You also ask him not to tell the Abbotsford P.D. since they don't know anything about it.
Since you admitted to it, he now detains you to get further information. You then do a "voluntary sworn statement," freely admitting to the crime and the elements. You are then arrested for the offence."
This comparison is similar only because you have "voluntarily" admitted to a U.S. Federal Law Enforcement Officer to committing a criminal act. The U.S. immigration code is written to also use voluntary admissions to a relevant crime as evidence that can be used against you. So you now have a criminal record with CBP because of your "voluntary" admission and need a waiver since Marijuana use is still illegal federally in the United States.
Please also note that it is irrelevant that Washington State or even when Canada legalized Marijuana. The U.S. Border(C.B.P) follows U.S. federal law, where Marijuana is still federally listed as an illegal drug.
We may be able to get you out of even needing a US Entry Waiver for this particular issue if the sworn statement was not done correctly. You may qualify under the former "Zero Tolerance" policy. If CBP finds a Canadian medical Marijuana card on you and/or you "admit" to smoking Marijuana you may also be classified as inadmissible under the "drug abuse or addict category and may get "deemed" to have a criminal record.
If you admit to drinking alcohol "excessively," you could be listed as inadmissible under the "physical or mental disorder" category.
If CBP deems that you need a waiver because you admitted smoking Marijuana, then you will have to get one every few years for the rest of your life. This is a major headache for you since you will have to pay the full us entry waiver government application fee(currently $585USD), show that you no longer smoke and that you are "rehabilitated."
Depending on what you say, you may also be referred out to the U.S. Immigration Panel Physician for a medical exam to see if you are deemed to be a drug abuser or addict.
We can clear these cases but they can be a lot of work since CBP has a very harsh view towards Marijuana smokers. These offences can be viewed even harsher than if you had a conviction for Manslaughter or Drive-By Shooting. They can be cleared quickly as opposed to admitting to smoking a joint.
CBP encourages their officers to pursue these kinds of cases since they are easy ones to write up and can help advance an officer's career. This is done at your loss.