For millions of people living in the United States, buying cannabis can be as simple as walking into a licensed store. In many states, marijuana is legal for recreational or medical use and is sold openly through regulated businesses.
Yet for non-U.S. citizens residing in the country, the consequences of cannabis use can be severe. Despite the fact that most Americans now live in states where recreational marijuana is legal, the Controlled Substances Act (CSA) still classifies marijuana as a Schedule I drug under federal law. This contradiction between federal and state laws can be confusing, particularly for immigrants. However, when it comes to immigration matters, federal law prevails over state legalization.
Because of this, it is crucial for non-U.S. citizens to understand the legal implications of using marijuana or being associated with it. Between 2002 and 2020, the U.S. government deported over 47,000 people for marijuana-related offenses, making cannabis the second most common drug involved in deportation cases, accounting for 35% of such offenses (Human Rights Watch).
The U.S. Citizenship and Immigration Services (USCIS) requires applicants for naturalization to demonstrate “Good Moral Character” (GMC). Marijuana use is considered a controlled substance violation, which may create a conditional bar to establishing GMC. According to the USCIS Policy Manual, “certain conduct involving marijuana, which is in violation of the CSA, continues to constitute a conditional bar to GMC for naturalization eligibility, even where such activity is not a criminal offense under state law.”
Importantly, immigration consequences are not limited to criminal convictions or formal admissions. In some cases, immigration officials may deny benefits if applicants cannot demonstrate that they did not commit a marijuana-related offense. This is particularly significant for non-U.S. citizens because even indirect involvement with cannabis —such as working in the industry— can raise concerns during immigration proceedings. …
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Author: Coco Kesselman / High Times
