3 years after weed legalization, Ontario man still can't enter U.S. due to 20-year-old pot charge

It has been exactly three years since recreational cannabis was legalized in Canada and two years since a program to grant pardons for simple possession was introduced — but some people with pot convictions and those who advocate for them say not much has changed since.

In 2019, the federal government said those with a criminal record for simple cannabis possession could apply for a free record suspension — formerly known as a pardon — through a new program. 

In the program's first year, the Parole Board of Canada, which is responsible for deciding whether record suspensions should be issued for convictions under federal legislation, received 436 applications, accepted 240, ordered 238 and discontinued two, according to a 2019-2020 report to Parliament.

But Darryl L, who lives in Clarington, Ont and was convicted of simple pot possession while in high school 20 years ago, is still waiting for his. He says the conviction, which still shows on his criminal record, continues to affect his ability to get a job.

"I am kind of upset with it," he told CBC Toronto, which is withholding Darryl's last name at his request because he's worried about his prospects for future employment.

He's worried the record suspension process will take a "ridiculous" amount of time. The parole board estimates up to 10,000 Canadians are eligible for cannabis record suspensions. But because of the COVID-19 pandemic, its website warns that delays are expected as the board has limited capacity to process applications. Darryl, however, feels his record should have been erased automatically.

"To me now, in Canada, I've committed no crime. It should have been expunged automatically when they changed the laws."