California and many other states nationwide have legalized medical marijuana use. However, you need a medical marijuana identification card (MMIC) to use the substance legally. Luckily, you do not have to be an American citizen to obtain the card, although the government could require you to produce your ID, which is difficult to obtain if you are an illegal alien. Nevertheless, if you are a lawful permanent resident (LPR), you only have to produce your green card to obtain an MMIC if you have a doctor’s recommendation and have proof of residency.
Receiving the card as an immigrant could make you think that you are using the substance lawfully. Sadly, you are wrong. Marijuana, even for medicinal use, remains a controlled substance and can attract severe immigration consequences under federal law for aliens, including deportation and inadmissibility.
Federal Law Supremacy
Federal statutes are supreme to state laws regarding immigration and US citizenship applications. Federal laws dictate who should enter, stay, or become an American citizen through naturalization. Therefore, despite medical marijuana being legal in your state, the legality of your action will not protect you as an LPR under the federal statutes seeking immigration benefits.
Removal Risk For Medical Use of Cannabis
An LPR in California who holds a valid MMIC can legally use medical marijuana without violating the law. However, just because medical cannabis is legal in your state does not mean that it will not affect your immigration status when the federal government learns about it. The federal government handles immigration cases, and to them, marijuana is a controlled substance regardless of the laws in your state. Therefore, if you have a conviction for the offense or have admitted to medical marijuana use, you risk deportation.
A sentence relating to marijuana possession will result in removal if it involves at least 30 grams. However, you can seek an inadmissibility waiver under the Immigration and Nationality Act (INA) 212h. The waiver only applies if you confess to a single offense of simple possession of at most 30 grams of cannabis for personal use. If you have been convicted of possession multiple times or possessed over 30 grams of cannabis, you are ineligible for the waiver.
Besides, you risk deportation for drug addiction or abuse. The government will claim that the medical use of cannabis is a sign of addiction. The argument arises if you admit to using medical marijuana during your USCIS interview for naturalization, even if you have no record. When you have been using medical marijuana, even with evidence of an MMIC, the federal government will consider you a drug or substance addict if the medical tests show the presence of marijuana, a controlled substance, in your body.
A medical exam could also be necessary during a naturalization application, and it entails questions about your substance use and, in some situations, toxicology tests. The interviewing officer can also establish a drug addiction problem during your interview if they believe the subject was not covered fully during a medical examination.
You could be tempted to disclose that you are an MMIC holder or have been using medical marijuana because you believe it is legal and you have not been committing any crime. However, before federal law, you are a criminal and guilty of a drug crime. Therefore, before bringing up the issue of marijuana use in your naturalization interview, you should consult with your immigration attorney for guidance first before making any statements that could adversely affect your immigration status, leading to the removal or denial of your naturalization application.
You must know that even though abuse or addiction will have severe consequences on your immigration status, you can still succeed in becoming naturalized. Nevertheless, you must prepare sufficiently with the help of an attorney to avoid the repercussions or increase the chances of a successful application.
For instance, if the issue of substance addiction is likely to arise during your interview because of medical marijuana use, even though it is legal in your state, you should discuss the remission issue with the doctor administering the exam. For the government to use substance addiction against you, the doctor or interviewing officer must determine that you used medical marijuana or engaged in related conduct for twelve or more months based on your medical analysis. Therefore, if you want to avoid the repercussions, you should show you underwent rehabilitation or treatment after the addiction or abuse and that it has been over twelve months since you left rehab. You can also request the doctor examining you to include the report on their decision on remission in your file. If the government is satisfied with the medical report, even with your history of medical marijuana use, you will not face deportation.
As an immigrant, even an LPR, you risk deportation or placement in a deportation proceeding for committing a crime of moral turpitude or an aggravated felony.
Moral turpitude offenses are those that involve dishonesty or theft, like fraud or larceny or intent to harm, such as aggravated DUI, spousal abuse, or assault with plans to kill or steal. When you have a criminal record for these crimes, you risk deportation unless the violation is a petty offense whose sentence does not exceed twelve months and you only served less than six months of the sentence.
Marijuana possession is not a moral turpitude crime from this definition, nor is the cultivation of cannabis. Therefore, a sentence for marijuana possession will not lead to removal. However, the record will raise concerns about your substance abuse or addiction during your naturalization application, leading to the rejection of your application or a removal proceeding.
Impact of Medical Marijuana Use on Naturalization
When seeking immigration benefits like naturalization, admitting to medical marijuana use can result in application denial. To become an American citizen, you should show that you are a person of good moral character (GMC) within five years of your application. USCIS reviews your character through the 60 months to determine your GMC. USCIS will deny you immigration benefits because of conduct that is legal under the state statutes but unlawful under federal laws.
Therefore, when you engage in conduct prohibited under INA 212(a)(2), you will have difficulty proving you are a person of good character, especially if your violation involves possessing marijuana above 30 grams. Admitting to medical marijuana use, even for medical purposes, during the USCIS interview amounts to admitting to a crime. An actual sentence is unnecessary if you admit to the use. Therefore, your application will be rejected, and you could face a removal proceeding.
The medical use of cannabis raises concerns about your moral character. If you lack GMC, USCIS concludes you are not eligible to become a citizen.
Before applying, you should consult with an experienced immigration attorney to review your record and the effects it could have on your application.
There are several grounds for deportation. First, aliens who reside in the country illegally are subject to removal. However, deportation even applies to lawful permanent residents when they commit moral turpitude offenses or apply for immigration benefits like American citizenship and fail to qualify. A rejected naturalization application attracts a notice to appear (NTA), eventually initiating a removal proceeding if there are removability grounds.
Risk of Inadmissibility If You Travel Abroad as a Medical Marijuana User
When you are an LPR who uses medical marijuana, you risk being denied re-entry into the US once you travel abroad. The Customs and Border Protection (CBP) agents are mandated to inspect any alien accessing the border point. Being a green card holder does not make you a citizen, meaning you will be subject to border inspections, including questions and medical exams to determine your eligibility for admission.
If you have a conviction for a federal violation like medical marijuana possession or use or you admit to being an MMIC holder during interrogation, you could be deemed an arriving alien and, therefore, inadmissible despite having a valid MMIC and medical cannabis being legal in your state. Carrying your MMIC through the point of entry can also raise concerns about your substance addiction and abuse and increase the risk of you being denied entry back into the country. The doctor conducting the exam determines your inadmissibility based on the following:
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Existing physical or psychological disorder
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Past emotional or physical disorders linked to harmful behavior and likely to happen in the future
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A drug or substance addiction
The doctor will diagnose your controlled substance usage as a mental or physical disorder. If you have engaged in any harmful behavior that could be linked to the controlled substance, you will be deemed inadmissible.
USCIS does not use substance abuse or addiction as inadmissibility grounds, provided drug abuse or addiction is challenging. Nevertheless, frequent or prolonged medical cannabis use could be termed as addiction, placing you at the risk of inadmissibility. Before disclosing your medical cannabis use, you should consider if the controlled substance has caused any problems leading to court-imposed drug rehabilitation or treatment.
It is not uncommon for people to reveal medical cannabis use during USCIS interviews. However, this decision can have devastating repercussions. Even though you believe using medical marijuana with a valid MMIC is not a crime, the substance remains illegal per federal law. Therefore, if you are carrying a valid MMIC, medical marijuana, and paraphernalia, you could be considered a drug trafficker, depending on your case’s facts. You will be termed an arriving alien and inadmissible.
Additionally, USCIS will inquire about your job during reentry. When you admit that you work in the marijuana industry, which is legitimate employment in your state, you will be confessing to cultivating and selling marijuana, making you a drug trafficker, which is a severe crime that will result in inadmissibility. Therefore, when answering questions from immigration officers, be careful not to reveal information about your work if you are in the cannabis industry because it could adversely impact your immigration.
When you are worried that some of your statements during the interview could be termed as admitting to drug use while the substance is legal in your state, you should consult with your immigration attorney to avoid being rendered inadmissible.
Additionally, an attorney can help you obtain an inadmissibility waiver if you qualify. You can obtain the waiver if you confess to possessing at most 30 grams of marijuana in a single incident if:
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The incident happened fifteen years ago before your admission application. You were confirmed to have been rehabilitated, and your admission into the country would not jeopardize the country's welfare, safety, and security.
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Your fiance, spouse, child, or parent who is a green card holder or US citizen will experience severe hardship if you are denied reentry.
Depending on your case's circumstances, talk to an attorney to find grounds for a waiver.
When USCIS determines that you are inadmissible, you will be allowed temporary entry pending the commencement of removal proceedings.
Regular Removal Process
When USCIS rejects your naturalization application, or you are admitted temporarily pending removal due to medical cannabis use, the USCIS sends you an NTA. The notice states the date and location for the removal proceeding.
Ensure that you do not miss this first hearing because it is at this proceeding the immigration judge and the government lawyer will discuss your case and determine if your accusations leading to the NTA are valid and whether you qualify to seek relief from deportation. You will be deported after the first hearing if you have no legitimate reasons for deportation relief. However, if you have genuine reasons for seeking relief, the court will schedule another hearing called the individual hearing.
In the proceeding, the judge reviews your evidence and decides whether to offer you relief from deportation or remove you.
Even if the judge orders your removal, you can appeal the decision. If you do it within the provided timelines, you will not be deported until the appeal is heard and determined. However, when you make it known you do not want to challenge the removal decision, it becomes final, and the Immigration and Customs Enforcement (ICE) will start preparing for your deportation.
What to Do as a Green Card Holder Who Uses Medical Marijuana
Marijuana is a Schedule I drug under the federal statutes. Therefore, possession of a substance, even for medical use, is a crime that attracts severe penalties. The penalties are severe for LPRs because even though state laws legalize medical cannabis, the federal law is supreme. When the government learns of the use through admission, a conviction, or finds an MMIC, paraphernalia, or medical cannabis in your person, you risk deportation, removal, or denial of your naturalization application. So, you must be very careful when seeking immigration benefits to avoid harsh immigration consequences.
First, if you use medical cannabis, you should know that it is a crime under the federal law. Therefore, whenever you seek immigration benefits under the circumstances, you should consult with an immigration attorney to avoid anything that could jeopardize your immigration status or the benefits you seek. The attorney will review your situation and explain your constitutional rights, the immigration risks, and mitigating circumstances.
Your attorney will also recommend stopping medical cannabis despite it being legal and prescribed by your doctor for a genuine medical condition. State laws can legalize its use, but until you become a citizen through naturalization, you cannot afford to risk severe immigration consequences. Avoid marijuana by all means and find alternative treatment.
Similarly, you should not admit to cannabis use during interviews with USCIS OR CBP officials before consulting with your attorney. Being convicted of a crime requires a formal admission. Therefore, when you formally admit to medical cannabis use, you become guilty, and the government admits it as an offense. If you have a prior sentence, it also counts as an admission. Therefore, deny any links with marijuana completely to avoid the severe repercussions.
Do not take up a job in the cannabis industry, even if it is legal in California. The government will interpret your job as drug trafficking, and you will face severe immigration repercussions.
Again, avoid possession of marijuana products or paraphernalia, particularly when traveling out of the country. The immigration agents will conclude you are committing a crime and deny you admissibility.
USCIS and CBP offices discover your use of cannabis in many other ways apart from prior conviction, admitting to use, or possessing medical marijuana products. Your social media posts can communicate about your use of the substance. Because these officers will scrutinize various aspects of your life, including social media, to establish if you are a GMC, you should not post any information or pictures that suggest or depict your substance usage.
Also, you should understand traveling has its risks if you hold an MMIC. The CBP officers will question you about its use, so you should do everything possible to avoid disclosing evidence of your use.
Understand your qualification for a waiver. Even when you are subject to deportation or inadmissibility, you can still prevent these immigration repercussions by allowing an attorney to evaluate your case and find reasons to seek a waiver. If you satisfy the conditions for a waiver, you will avoid the severe immigration consequences. However, the court has the discretion to grant or deny your waiver application. It is not guaranteed, but an attorney increases the chances of being awarded one.
Find a Competent Immigration Attorney Near Me
There exist significant discrepancies between state and federal marijuana statutes. These differences can be confusing, especially for LPRs, and increase the risk of immigration consequences like removal or inadmissibility. Until you become a citizen through naturalization, you should avoid marijuana to comply with federal statutes to prevent adverse effects on your immigration status. At California Immigration Attorney, we will explain your rights and the risks of removal, deportation, and naturalization denial and help you prevent these consequences. Call us at 424-789-8809 to schedule an appointment.