Twenty-four states, including California, and the District of Columbia have enacted laws which legalize or decriminalize the use and possession of marijuana in some form for medicinal purposes. Four of these states (Colorado, Washington, Oregon, and Alaska) and the District of Columbia have even legalized marijuana for recreational use. Yet, the U.S. federal government regulates marijuana under the Controlled Substances Act (“CSA”), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA prohibits the manufacture, importation, possession, use, and distribution of marijuana and certain narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and other chemicals. The U.S. Department of Justice (“DOJ”) has reaffirmed its position of enforcing the CSA, despite enactment of these state marijuana laws. It is thus important to understand that state laws authorizing the use or possession of marijuana, even if used for medicinal purposes, do not change the fact that using marijuana continues to be an offense under federal law. The confusion caused by this conflict of laws is substantial, especially as it relates to U.S. immigration status. Here are ten things lawful permanent residents (green card holders) and non-immigrants should know before smoking and/or ingesting marijuana. The Immigration and Nationality Act of 1990, as amended (“INA”), states […]
