A federal immigration agency clarified April 19, 2019, that using marijuana or engaging in cannabis-related “activities” such as working for a dispensary — even in states where it’s legal — is an immoral offense that makes immigrants ineligible for citizenship.
When applying for naturalization, the process of gaining citizenship, individuals must have established “good moral character” in the five years preceding the application, according to a policy alert issued by the U.S. Citizenship and Immigration Services (USCIS).
Good moral character (GMC) is a vague requirement that has been criticized by scholars and civil rights advocates, as assessing morality is arguably subjective.
According to the USCIS, which is part of the U.S. Department of Homeland Security, state-legal marijuana consumption renders individuals morally unfit for citizenship. The new policy clarification reflects a sentiment once expressed by former Attorney General Jeff Sessions, who said that “good people don’t smoke marijuana.”
The USCIS memo said, “violation of federal controlled substance law, including for marijuana, established by a conviction or admission, is generally a bar to establishing [good moral character] for naturalization even where the conduct would not be a violation of state law.”
Further, an applicant “who is involved in certain marijuana-related activities may lack GMC if found to have violated federal law, even if such activity is not unlawful under applicable state or foreign laws,” the document said. The policy also applies to individuals who worked in the state-legal cannabis industry.
We issued policy guidance clarifying that naturalization applicants must comply w/federal controlled substance laws, including those pertaining to marijuana, to establish good moral character during the naturalization application process. Read more here: https://t.co/yqSraeDiBn
— USCIS (@USCIS) April 19, 2019
There already have been reports of people being denied citizenship because of their proximity to state-legal marijuana businesses. Earlier in April 2019, Denver Mayor Michael Hancock hosted a group of immigrants who said their work in the state’s cannabis industry was being used as justification by federal officials to deny them citizenship.
“In Colorado, cannabis has been legal for 5 years. For work in a legal industry to be used against an individual trying to gain citizenship is a prime example of why we need to harmonize our state and federal laws to ensure that states like Colorado that have moved to legalize cannabis can act in our own authority to expand and regulate our cannabis industry,” Democratic U.S. Rep. Joe Neguse told Marijuana Moment in reaction to the Trump administration memo.
Legalization activists also criticized the move.
“The cruel treatment of immigrants for offenses related to something as minor as marijuana is illustrative of the way this administration has used the war on drugs to pursue communities of color,” Michael Collins, director of national affairs at the Drug Policy Alliance (DPA), told Marijuana Moment. “It also shows that pursuing a state-by-state approach to federal policy doesn’t work for these communities. Federal descheduling is essential.”
While the federal policy deeming marijuana use a violation of “good moral character” standards for immigration purposes was already on the books, it seems the spread of state-level cannabis legalization has prompted the USCIS to issue the clarification.
“The cruel treatment of immigrants for offenses related to something as minor as marijuana is illustrative of the way this administration has used the war on drugs to pursue communities of color,” Michael Collins, director of national affairs at the Drug Policy Alliance (DPA), told Marijuana Moment. “It also shows that pursuing a state-by-state approach to federal policy doesn’t work for these communities. Federal descheduling is essential.”
“A number of states and the District of Columbia (DC) have enacted laws permitting ‘medical’ or ‘recreational’ use of marijuana. Marijuana, however, remains classified as a ‘Schedule I’ controlled substance under the Federal CSA [Controlled Substances Act],” the updated USCIS policy manual now reads. “Schedule I substances have no accepted medical use pursuant to the CSA. Classification of marijuana as a Schedule I controlled substance under federal law means that certain conduct involving marijuana, which is in violation of the CSA, continues to constitute a conditional bar to GMC for naturalization eligibility, even where such activity is not a criminal offense under state law.
“Such an offense under federal law may include, but is not limited to, possession, manufacture or production, or distribution or dispensing of marijuana. For example, possession of marijuana for recreational or medical purposes or employment in the marijuana industry may constitute conduct that violates federal controlled substance laws. Depending on the specific facts of the case, these activities, whether established by a conviction or an admission by the applicant, may preclude a finding of GMC for the applicant during the statutory period. An admission must meet the long-held requirements for a valid ‘admission’ of an offense. Note that even if an applicant does not have a conviction or make a valid admission to a marijuana-related offense, he or she may be unable to meet the burden of proof to show that he or she has not committed such an offense.”
The underlying policy does provide an exception for “a single offense of simple possession of 30 grams (1.06 ounces) or less of marijuana.”
Immigrants who consume marijuana while in the U.S., or even work in the cannabis industry in the states where it is legal, would jeopardize the “good moral character” they are required to demonstrate during their naturalization process, the U.S. Citizenship and Immigration Service has specified in a policy guidance released April 19, 2019. (Photo by Cole Patrick via Unsplash)
An additional update to the policy manual stipulates that the exception “is also applicable to paraphernalia offenses involving controlled substances as long as the paraphernalia offense is ‘related to’ simple possession of 30 grams or less of marijuana.”
That detail wasn’t included in an earlier 2014 version of the USCIS policy manual.
The policy alert is similar to an update the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued in 2017 when the federal gun purchase application form was revised to include a warning that the “use or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside” and therefore disqualifies applicants.
But the USCIS clarification also reflects a recent ratcheting up of anti-immigration policy moves under the Trump administration.
Jason Ortiz, vice president of the Minority Cannabis Business Association, told Marijuana Moment that the new memo reflects a “callous and irrational decision” by the administration and “is a reminder that without comprehensive cannabis reform our communities of color will continue to be prosecuted and subject to deportation for activity that is legal for affluent communities around the country.”
The USCIS memo is a reminder that without comprehensive cannabis reform our communities of color will continue to be prosecuted and subject to deportation for activity that is legal for affluent communities around the country. Click To Tweet
“Proposals such as the STATES act, which seek to simply ease the risk on business, do not address these deeper issues related to federal prohibition,” Ortiz said. “Considering the devastating effects our war on drugs had on Latin America, immigration reform must be a necessary component of any comprehensive cannabis legalization policy.”
Ortiz is referring to the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, which would prevent federal law enforcement agencies from interfering in states that have made marijuana medically or recreationally legal. Neguse is one of the House co-sponsors of the bill.
This article was published under a content syndication agreement with Marijuana Moment. Read the original article here.
Featured Image: Photo by Luke Stackpoole on Unsplash
