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How Links to Marijuana Industry Can Affect Foreign Nationals’ U.S. Immigration Status

By William J. Manning & Kathryn J. Russo on August 31, 2022
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Marijuana still is considered a Schedule I drug under the federal Controlled Substances Act. A conviction under the Controlled Substances Act can lead to severe consequences for a non-U.S. citizen.

Under U.S. immigration law, any non-U.S. citizen who is convicted under the Controlled Substances Act, even green card holders, who participate or make investments in the marijuana industry or use marijuana where it is legal (even for medicinal purposes) may be subject to inadmissibility, be barred from returning to the United States or be prevented from naturalizing (for at least five years). For example, a Russian national reportedly was denied a green card (although he has not been deported) for “aiding and abetting” in the trafficking of marijuana for “installing and maintaining a security camera system for a cannabis grower ….”

Serious immigration consequences can result even in states where employees may be protected from employer sanctions based on marijuana use. Currently, 37 states (and the District of Columbia) have decriminalized marijuana or enacted laws authorizing its use for medical or recreational purposes. Additionally, some states prohibit employers from disciplining employees for marijuana use outside of the workplace, and some states prohibit employment discrimination against medical marijuana users. As employers adopt policies in line with state laws, they should be careful not to encourage non-citizens to participate in activities that involve marijuana and remind all employees that, while there may not be many federal prosecutions for individual use, the possession, sale, cultivation, and distribution of marijuana remains illegal under federal law and may have serious immigration consequences. [. ]

Congress is considering legislation to decriminalize marijuana, i.e., the Marijuana Opportunity Reinvestment and Expungement (MORE) Act and the Cannabis Administration and Opportunity Act (CAOA). If the MORE Act or the CAOA is passed, it would eliminate the confusing conflicts that arise for foreign nationals between state and federal law. Either law would:

  • Remove marijuana from Schedule I of the Controlled Substances Act;
  • Expunge low-level federal marijuana convictions;
  • Create new marijuana industry opportunities in states where the industry is legal; and
  • Eliminate the threat of inadmissibility or deportation for foreign nationals participating in the legal marijuana industry.

Until marijuana is decriminalized at the federal level, foreign nationals must be wary. If you have questions about how federal law regarding marijuana might affect immigration benefits, please reach out to your Jackson Lewis attorney.

Photo of Kathryn J. Russo Kathryn J. Russo

Kathryn J. Russo is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws, as well as…

Kathryn J. Russo is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws, as well as substance abuse management and marijuana laws’ impact on employers.

Kathryn helps clients navigate workplace problems involving drugs and alcohol. She regularly works with corporate counsel and human resources executives to develop substance abuse policies to comply with federal drug and alcohol testing regulations (including all agencies of the U.S. Department of Transportation), as well as state and local drug and alcohol testing laws and marijuana laws in all 50 states. In addition, she defends employers in litigation where drug and alcohol test results are at issue, and frequently conducts “reasonable suspicion” training for employers in connection with their substance abuse policies. Kathryn also advises employers on leave and disability management issues arising when employees seek leave or other accommodations related to substance abuse rehabilitation.

Read more about Kathryn J. RussoEmail
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  • Posted in:
    Immigration
  • Blog:
    Immigration Blog
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

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