Immigration Law and Marijuana

judges gavel on a table

According to USCIS, you might not have a good moral character to stay in the United States if you smoke weed. Citizen, even if you are legally authorized under state law to buy, possess, or smoke this indica, sativa, or hybrid marijuana. The USCIS update states that marijuana remains a controlled substance in Schedule 1 and has not been accepted for medical use under CSA under the Controlled Substances Act (CSA). Marijuana is classified as a substance controlled under Schedule-I under federal law, meaning that certain behavior involving marijuana, which violates the CSA, remains a conditional bar to naturalization (Good Moral Character) even if it is not a criminal offense under State legislation.

USCIS’s Investigation

USCIS can find out if someone has taken the medication in several ways. The easiest option is to ask whether an immigrant has taken drugs or breached the law, either via an application or during an interview.

For example, an applicant for a green card married to an American citizen may now go deported by an Immigration Officer if he has ever had marijuana. The man answered that since DC legalized pot, he had tried them once or twice, but he didn't like them.

Drug use for green card applicants may also occur at the required health test. The doctor can order the drug test for various reasons, including a drug abuse history, psychological or physical signs, or long gaps, between schooling and employment.

Marijuana

In Relevance of Marijuana

Another red flag for USCIS is a place of work with a name for cannabis. In the eyes of the federal government, even an accountant or secretary who works in the marijuana industry may be regarded as dealers in a controlled substance.

Awareness

The new guidelines of the USCIS are likely to raise awareness of the legal pot use pitfalls. Under federal legislation, many people don't even recognize what they do.

Our immigration lawyers in OKC recommend that customers use the Fifth Amendment to invoke their right to self-incrimination when USCIS asks them about marijuana.

If you find problems with marijuana or anything related issues while immigrating in the U.S., it is better to consult us at Mazaheri Law Firm.

** Disclaimer: This blog content is no substitute for legal advice and in no way implies a lawyer-client relationship.