Beware That U.S. Citizenship Could Be Denied For Applicants Involved In Cannabis

USCIS Issues Policy Guidance Clarifying How Federal Controlled Substances Law Applies to Naturalization Determinations.

The United States Citizenship and Immigration Services (“USCIS”) which is a branch of the U.S. Department of Homeland Security issued guidance in the USCIS Policy Manual 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 also clarifies that an applicant 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.

The policy of USCIS is that any involvement with marijuana is indicative of a lack of “moral character”.  Moral character is a prerequisite for people seeking U.S. citizenship. Therefore, those persons applying for U.S. citizenship may be denied if they have personally used marijuana, or if they have been employed in the cannabis industry — including in jurisdictions where such activities are legally authorized

States Legalizing Cannabis.

Since 1996, some states and the District of Columbia have enacted laws to decriminalize the manufacture, possession, distribution, and use of both medical and non-medical (recreational) marijuana in their respective jurisdictions.

Medical marijuana is legal in 33 states.


Recreational marijuana is legal in 10 states. 


Cannabis Still Illegal Under Federal Law.

Under Federal law (Controlled Substances Act 21 U.S.C. 801) marijuana is designated as a Schedule I controlled substance due to the historical belief that it has a high potential for abuse, no currently accepted medical use in treatment, and lack of accepted safety for use under medical supervision. USCIS is carrying that mandate stating that the manufacture (which includes production, such as planting, cultivation, growing, or harvesting), distribution, dispensing, or possession may lead to adverse immigration consequences.

But For Those Persons Who Are U.S. Citizens, Taxes Remain The Biggest Risk.



