Cannabis and Immigration – Boundless

The recreational use of cannabis, commonly known as marijuana, has gained more mainstream acceptance in the U.S.

House of Representatives of a cannabis legalization bill on April 1, 2022, cannabis remains illegal federally, and is classified as a Schedule I narcotic under the Controlled Substances Act.

Right off the bat, it’s important to note again that regardless of whether either medical marijuana or recreational cannabis is legal in your state, it is still illegal federally, and the immigration consequences of cannabis use, production, or sales are severe.

The stakes for the spouse and children of a noncitizen found to be a controlled substance trafficker under the law are also high: they become inadmissible for five years if they obtained any financial benefit from the cannabis-related activity, and “knew or reasonably should have known” where the money came from.

A noncitizen who admits to an immigration officer that they possessed, sold, or used cannabis can be found inadmissible to the United States, denied entry to the country, have their green card or citizenship applications denied, and/or can be placed in deportation proceedings.

However, there is no 30-gram exception when it comes to inadmissibility: if an LPR is convicted of a cannabis–related crime and then leaves the country, the inadmissibility decision based on the previous conviction can prevent the LPR from being able to come back into the country.

If an applicant admits to having used or possessed marijuana during this time, officers have had them sign “marijuana affidavits” that prevent them from becoming permanent residents or citizens for another five years.

As mentioned above, employment by a cannabis producer or distributor, such as in a dispensary or recreational store, can hurt a noncitizen’s chances of gaining permanent residence or citizenship.

citizen who would like to sponsor their spouse or other family members will need to rely on their other financial assets or a joint sponsor to immigrate their family, regardless of the level of income they earn through their employment.

Additionally, investment in the lucrative and rapidly expanding cannabis business is not allowed for lawful permanent residents, though they are allowed to otherwise purchase shares in American companies and trade on the U.S.

Boundless is not a law firm and is not a substitute for the advice of an attorney.

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