Marijuana & Immigration

As of February 2021, most states have legalized or decriminalized marijuana in some form. The State of Washington is one of several other states that have legalized recreational marijuana for adults. A 2019 Gallup poll reported that 66% of Americans support legalization of the drug. With this record level of public acceptance, it’s easy to assume that using marijuana according to state laws is no big deal. Unfortunately, it is a very big deal when it comes to immigration.

Even though it may be legal in your state, possession of marijuana is still a federal offense, and immigration matters fall under federal laws. There are very serious consequences for admitting to marijuana use—even legal marijuana use in your own home—for authorized and undocumented immigrants alike.

The Immigrant legal Resource Center offers these tips for noncitizens to avoid immigration troubles over marijuana:

• Don’t use marijuana until you are a U.S. citizen.
• Don’t work in the marijuana industry.
• If you have a real medical need and there is no good substitute for medical marijuana, get legal counsel.
• Never leave the house carrying marijuana, a medical marijuana card, paraphernalia (like a pipe), or accessories like marijuana T-shirts or stickers.
• Don’t have photos, videos, or text about you and marijuana on your phone, Facebook, TikTok, or anywhere else.
• Never discuss marijuana use or possession with any immigration or border official.
• If a federal official asks you about marijuana, say that you don’t want to talk to them and you want to speak to a lawyer. You have the right to remain silent. Stay strong – once you admit it, you can’t take it back. If you did admit this to a federal officer, get legal help quickly.

Immigration lawyer Inna Scott and her team at Global Law Advocates specialize in helping immigrants of all kinds gain legal status and other immigration benefits in the United States. To consult with an experienced attorney about your immigration options, call us at 206-774-8758 or send us an email at info@globallawadvocates.com.

Sources:

• Gallup poll on marijuana legalization: https://news.gallup.com/poll/267698/support-legal-marijuana-steady-past-year.aspx
• Tips adapted from Warning for Immigrants on Medical and Legalized Marijuana, by the Immigrant Legal Resource Center, Jan. 2018.