Commercial Cannabis
In recent years across the U.S many states have made changes to legalize marijuana. As of November of 2016 California voters passed the Control, Regulate and Tax Adult Use of Marijuana Act, California Proposition 64. As of now, 10 states and the District of Columbia have passed laws to legalize recreational marijuana. 33 states and the District of Columbia have legalized medical marijuana. California has created laws to legalize the use of marijuana, however the Federal Controlled Substances Act considers the manufacture, importation, possession, use, and distribution of marijuana to be illegal.
With these new established policies immigrants living in the states that allow marijuana may believe that possessing, using, and distributing marijuana as stated by the state laws, will not affect their immigration status. Sadly, that is not the instance, it is still incorporated as a federal crime to own marijuana, and immigration is also part of federal law. Employment in the marijuana industry could obstruct a person who is not a citizen from acquiring a visa, make the non-citizen deportable, or prohibit their chance of becoming a citizen.
If an individual who is not a citizen declares to an immigration official that they have ever owned marijuana, or have been employed in the legal marijuana business, the person can encounter very significant immigration complications. This activity can have long term effects for example if the individual applies for a green card, applies for U.S. citizenship, travels outside the country, or ICE just interrogates them.
It is important to take per caution and be informed about the situation because there could be certain restrictions because of immigration status. The best strategy to prevent any unfortunate situation is to educate non citizens ahead of time. Some immigration officers are questioning non citizens if they have ever used marijuana, it is often that this occurs in states that have legalized marijuana.
If a person is not a U.S Citizen it is recommended to do the following for your safety:
-If individual is not a U.S. citizen do not consume marijuana.
-Do not work in the marijuana business.
-When it comes to medical purposes and there is no replacement for medical marijuana, get legal advice first.
-Never leave the house carrying marijuana, a medical marijuana card, any object used to consume marijuana, or clothing/accessories like stickers or apparel.
-Do not have cellular device information with any connection with marijuana on social media, photos, messages or anywhere else.
-Never discuss marijuana use or possession with any immigration or border official, unless there is expert legal advice that permits that communication.
-If an official asks an individual about marijuana, it is an option to say that they would like to consult with a lawyer.
-Remember that a person has the right to remain silent.
With these new established policies immigrants living in the states that allow marijuana may believe that possessing, using, and distributing marijuana as stated by the state laws, will not affect their immigration status. Sadly, that is not the instance, it is still incorporated as a federal crime to own marijuana, and immigration is also part of federal law. Employment in the marijuana industry could obstruct a person who is not a citizen from acquiring a visa, make the non-citizen deportable, or prohibit their chance of becoming a citizen.
If an individual who is not a citizen declares to an immigration official that they have ever owned marijuana, or have been employed in the legal marijuana business, the person can encounter very significant immigration complications. This activity can have long term effects for example if the individual applies for a green card, applies for U.S. citizenship, travels outside the country, or ICE just interrogates them.
It is important to take per caution and be informed about the situation because there could be certain restrictions because of immigration status. The best strategy to prevent any unfortunate situation is to educate non citizens ahead of time. Some immigration officers are questioning non citizens if they have ever used marijuana, it is often that this occurs in states that have legalized marijuana.
If a person is not a U.S Citizen it is recommended to do the following for your safety:
-If individual is not a U.S. citizen do not consume marijuana.
-Do not work in the marijuana business.
-When it comes to medical purposes and there is no replacement for medical marijuana, get legal advice first.
-Never leave the house carrying marijuana, a medical marijuana card, any object used to consume marijuana, or clothing/accessories like stickers or apparel.
-Do not have cellular device information with any connection with marijuana on social media, photos, messages or anywhere else.
-Never discuss marijuana use or possession with any immigration or border official, unless there is expert legal advice that permits that communication.
-If an official asks an individual about marijuana, it is an option to say that they would like to consult with a lawyer.
-Remember that a person has the right to remain silent.