Immigration Article of the Day: Noncitizen Workers and Legal Marijuana-Related Businesses – A Morally Good and Reasonably Sound Relationship by Son Nguyen

Abstract

This paper advocates that noncitizens should be allowed to work in marijuana-related businesses without facing unjust immigration punishments. The legal marijuana industry has been rapidly growing across the country and reaping the benefits from the labor of noncitizen workers for decades. Yet, due to the federal prohibition on marijuana, all noncitizens risk being deemed deportable and inadmissible under U.S. immigration law if they engage in any marijuana-related activities—even the kinds that are legal for U.S. citizens under state and local laws. Structurally, this paper starts by reviewing the relevant parts of the federal drug and immigration laws with an emphasis on racism. Next, it analyzes the consequences of the laws by detailing how they legally, professionally, and personally harm noncitizens. Finally, it calls for either a complete descheduling of marijuana from the Controlled Substances Act or amendments to the U.S. immigration law to permit noncitizens to work at state-sanctioned marijuana-related businesses without facing immigration penalties. These measures aim to align federal laws with the reality in the states and to promote a legal framework that is more rational, fair, and equitable.

KJ