Immigrants Who Use Legal Marijuana May Be Denied U.S. Citizenship for “Lacking Good Moral Character”

The legalization of marijuana by the states has caught on like wildfire.  The federal government, however, remains slow to join the trend.

Under a new guidance issued by U.S. Citizenship and Immigration Services, immigrants may find themselves barred from obtaining citizenship if they possess or use marijuana—even if doing so is legal where they live. The new policy provides that employment in the industry may prevent an immigrant from being a naturalized citizen.

Under the federal Controlled Substances Act, marijuana remains a Schedule I controlled substance. Possession of even small amounts of marijuana can qualify as a federal misdemeanor. Giving marijuana to another person—even for no money—can qualify as trafficking.

To be eligible to become a naturalized citizen, an immigrant must demonstrate they had “good moral character” for the past five years before filing their application. But the law presumes that a person does not have “good moral character” if they have committed any violations of controlled substance laws. There is an exception for those with a “single offense of simple possession of 30 grams or less of marijuana.”

KJ

KJ