At Wildes & Weinberg, we understand the complex relationship between U.S. immigration law and cannabis use. As #420 approaches, there are a few important considerations for noncitizens thinking about participating.
Although some states have legalized or decriminalized the personal possession or use of marijuana, cannabis remains classified as a Schedule I controlled substance under federal law. Because the federal government governs immigration and naturalization, it is federal, not state, law that ultimately controls the immigration consequences of cannabis-related activity.
As a result, noncitizens, including lawful permanent residents and visa holders, may face serious immigration consequences for cannabis possession, use, or even employment in the cannabis industry, even where such conduct is lawful under state law. So, unless you’re a citizen living in a State that permits it, abstaining from cannabis use is the safest course.
If you are experiencing issues entering or remaining in the United States due to a past cannabis-related arrest or conviction, our firm has extensive experience handling waivers for both nonimmigrant (temporary) visas and immigrant visas (green cards). Our work in this area spans decades, including our representation of John Lennon when the U.S. government sought to deport him based on a prior drug-related conviction.
While we believe that federal law may evolve to reflect changing societal views, current federal policy remains unchanged. We encourage you to contact our office for a consultation to better understand your rights and options when traveling to, living in, or working in the United States. Email us at info@wildeslaw.com!