By: Bernard Wolfsdorf, Joseph Barnett, and Robert Blanco USCIS has issued new policy guidance to clarify that violations of federal controlled substance law, including violations involving marijuana, are generally a bar to establishing good moral character for naturalization, even where that conduct would not be an offense under state law. The policy guidance clarifies that an applicant for U.S. naturalization who is involved in certain marijuana-related activities may lack good moral character if found to have violated federal law, even if such activity has been decriminalized under applicable state laws. With marijuana use directly impacting U.S. naturalization determinations, it is critical that immigrants understand the U.S. federal immigration laws’ policies towards marijuana. Moreover, such use may render a green card holder inadmissible, and possibly removable. Here are 5 things to know: 1. Marijuana is a Schedule I Drug. Federal law classifies marijuana as a “Schedule I” controlled substance like heroin or LSD. The growing or manufacture, distribution, dispensing, or possession of marijuana may lead to negative immigration consequences, even though numerous states have enacted laws permitting medical or recreation use of marijuana. It is irrelevant that since 1996, several states and the District of Columbia have enacted laws to decriminalize the cultivation, possession, distribution, and use of both […]
