Marijuana and cannabis has been a popular topic in the media recently. As some states have legalized some forms of medicinal or recreational use, the cannabis industry has been booming, generating billions of dollars in tax revenue. Other states are considering updates to their laws or have questions for voters to answer in upcoming elections. There has also been a national debate about legalization and expungement of those convicted of non-violent crimes involving marijuana.
Despite all the buzz and hype, marijuana remains a Schedule 1 drug according to the United States Controlled Substance Act. The Food and Drug Administration (FDA) has not approved marijuana or cannabis for any medical use. As it stands currently, under Federal law it is still illegal to possess, consume, grow, or sell marijuana – even in states that have legalized it.
Immigration law involves Federal courts and proceedings, and so the Federal law relating to marijuana supersedes any state laws or provisions that allow the use or possession of cannabis. As a result, marijuana use or possession can have a significant impact on the immigration status of noncitizens and the admissibility of those applying for immigration status.
Because marijuana possession and use is still illegal under Federal law, it can be used against noncitizens, whether they committed a crime or not. Even legal consumption in a state that allows medical or recreational use can establish a basis for immigration penalties, according to updates made the to USCIS practice manual in April 2019. This includes smoking marijuana, consuming edible cannabis, and using electronic THC vapes.
For those applying for permanent or temporary immigration status, USCIS can determine that a person is inadmissible based on their admission that they possessed or consumed marijuana. Lawful employment in the cannabis industry can also be used to disqualify applicants. Even green card holders who travel abroad can be denied re-entry to the United States, or even deported under certain circumstances.
Convictions for marijuana-related crimes result in the most serious consequences to immigration status. If convicted, it can be grounds for deportation and prohibit applicants from establishing good moral character. While green card holders can't be deported for convictions related to a single incident involving the possession of 30 grams or less of cannabis for personal use, they can be barred from re-entering the United States from traveling abroad. Under certain circumstances, noncitizens can use a waiver of inadmissibility under INA section 212(h) to challenge the determination.
Admitting to marijuana use cannot be used as grounds for deportation. However, admission can be used to determine a noncitizen is inadmissible, under the controlled substance grounds. As a result, noncitizens should never admit to doctors, immigration officials, or law enforcement that they have possessed, grown, consumed, or sold marijuana. Even if the possession or consumption was done in a state where it is legal, the noncitizen should never voluntarily admit to it and should protect themselves from accidental admissions in communications and social media.
So, if you are a noncitizen applying for a green card, temporary protected status, deportation defense, or full citizenship, you should not buy, sell, grow, possess, or use marijuana, or work in the cannabis industry. Below are series of tips for avoiding scrutiny related to marijuana possession & use.
