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Canadian business owner faces lifetime U.S. ban over forgotten CBD oil
Jonathan Houweling, who runs an events company that supplies Christmas festivals in the United States, crossed the Peace Arch border in Surrey, B.C., dozens of times each year without incident. On November 7, however, a routine secondary inspection uncovered a small bottle of cannabidiol (CBD) oil lodged in his centre console. Houweling says he had placed the bottle there in 2019 and completely forgotten about it.
The discovery triggered a cascade of federal actions: he was questioned, fingerprinted, required to provide a DNA swab, fined $500 USD, and ultimately issued a lifetime ban from entering the United States.
Why CBD oil can still trigger a ban
Although CBD is non‑psychoactive and legal under U.S. federal law when it contains less than 0.3 % THC, the product Houweling carried reportedly tested positive for THC. He maintains that border agents never supplied him with the test results despite multiple requests.
U.S. Customs and Border Protection (CBP) enforces the Controlled Substances Act, which governs all cannabis‑related substances at the border. Federal law supersedes state‑level permissions, meaning that even though recreational cannabis is legal in Washington State, the import of any THC‑containing product remains prohibited.
In a statement, CBP spokesperson Rhona Lawson emphasized that “determinations about admissibility and whether any regulatory or criminal enforcement is appropriate are made by a CBP officer based on the facts and circumstances known to the officer at the time.”
Legal perspective: limited discretion at the border
Len Saunders, an immigration lawyer based in Washington State, reports a steady increase in Canadians encountering similar issues since travel returned to pre‑pandemic levels. He notes that border officers operate under strict statutory guidelines and have little leeway to exercise leniency.
“These officers are judge, jury and hangman,” Saunders said. “They apply U.S. immigration laws uniformly, whether the vehicle contains hundreds of pounds of marijuana or a trace amount in a cosmetic bag.”
Saunders adds that non‑citizens do not enjoy the same procedural protections afforded to residents, leaving individuals like Houweling with limited recourse beyond applying for a waiver.
Seeking a path forward
Following the ban, Houweling submitted an application for a U.S. entry waiver—a costly process that requires a $585 USD filing fee and extensive documentation. He remains doubtful that the waiver will be granted in time to salvage his business engagements in Chicago and New York, where his Christmas festival contracts were set to launch.
He observes that professional contacts have already begun to distance themselves, fearing association with someone barred from the U.S. “I understand,” Houweling said. “They can’t associate a family‑friendly oriented Christmas festival with someone like myself who has this lifetime ban.”
Reflecting on the broader impact, he questions whether the lifetime exclusion genuinely serves public safety. “I often think, is America safer now that I’m not permitted there for the rest of my life? I don’t think it is.”
For the original CBC report, see Here
