Lana Oconnell
Marijuana legalization has complicated the advising process for international students and scholars, who may mistakenly believe that consuming marijuana in jurisdictions where it is legal would have no effect on their immigration status. However, federal law in the United States continues to prohibit the use and possession of marijuana, and federal law takes precedence over state laws. International students and scholars must therefore understand that marijuana use, even in states where it has been decriminalized, is considered an illegal activity and may impact their immigration status and visa eligibility.
| Characteristics | Values |
|---|---|
| Legal status of marijuana use for international students | In the US, federal law prohibits the use or possession of marijuana for international students, regardless of state laws. |
| Impact on immigration status and visa eligibility | Marijuana use can affect immigration status and visa eligibility, potentially leading to visa revocation. |
| University policies | Some universities, like Colorado State University, prohibit marijuana on campus and in campus housing. |
| Border control measures | Social media accounts, texts, and emails are subject to search upon entering the US, which may include marijuana-related content. |
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What You'll Learn
Marijuana use and immigration status
Marijuana use, sale, distribution, and production are illegal under US federal law. This is the case even in states where marijuana has been decriminalized or legalized for medical or recreational use. As such, there are significant potential immigration risks involved in possessing, using, selling, or growing marijuana as a non-US citizen.
US immigration officials have been known to question non-citizens upon entry to the US about whether they have previously used marijuana, even in cases where the individual was in a state where marijuana use is legal. In some cases, non-US citizens have been denied re-entry to the US after visiting marijuana dispensaries and providing their passports. There have also been reports of complications arising from the use of credit cards at marijuana dispensaries.
US Citizenship and Immigration Services (USCIS) and CBP officers have been known to question immigrants at length about their use or possession of marijuana during the five years leading up to their citizenship applications, often referred to as "the statutory good moral character period". If an applicant admits to having used or possessed marijuana during this time, they may be prevented from becoming permanent residents or citizens for another five years. Employment in the marijuana industry, including in dispensaries or recreational stores, can also hurt a non-citizen's chances of gaining permanent residence or citizenship due to drug trafficking laws.
It is important to note that the immigration consequences of cannabis use, production, or sales can be severe and may include visa application denial, denial of entry to the US, or revocation of a visa stamp. Therefore, non-US citizens should exercise caution when considering marijuana use or involvement in the marijuana industry, even in states where it has been decriminalized or legalized.
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Visa eligibility and marijuana offences
International students and scholars may assume that using marijuana where it is legal in the United States would not impact their immigration status or visa eligibility. However, this is not the case. Marijuana use, even if legal, puts you at risk of being found inadmissible to the United States. If you are using marijuana legally with a medical marijuana card, or if marijuana use is legal in your home country, you can still be denied a visa or entry to the United States.
The Department of State or the Department of Homeland Security may determine that you have violated marijuana laws, impacting your eligibility for any immigration-related benefits. This includes visa eligibility, lawful permanent resident status, or U.S. citizenship. It is important to note that both USCIS and consular officers may have access to an applicant's social media accounts, so it is advised to refrain from posting anything related to marijuana use on social media.
The grounds for inadmissibility are found in the Immigration and Nationality Act. If you admit to possessing marijuana or doing things that would make you guilty of possessing marijuana, you may have admitted to a federal offense. This could occur during a medical exam or interview with an immigration officer. For example, if you tell the doctor at your visa medical exam that you have used marijuana, or if you admit to working in the legal marijuana industry, you may be admitting to a federal offense.
Additionally, there are health-related grounds for inadmissibility. If your legal marijuana use has resulted in a problem that requires you to admit to abuse or addiction in a court-ordered program or therapy, you may be found inadmissible on health grounds. It is important for international students and scholars to understand the risks associated with marijuana use and how it can impact their visa eligibility and immigration status.
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DUI-related visa revocations
While visa revocations have not been common, they are a tool available to immigration authorities. An arrest for driving under the influence (DUI) can lead to a visa revocation on health-related grounds (on the basis of suspected alcoholism or other substance abuse issues).
The Department of State implemented a new policy in late 2015: if you have been arrested or convicted of a DUI-related offence within the past five years or since your last visa issuance (whichever was most recent), your visa may be revoked. The Department of State is supposed to notify individuals in this situation, but communication may not always occur. Therefore, it is best to assume that if you have been arrested or convicted of a DUI-related offence, this policy may apply to you. If you are still unsure, you can contact the U.S.
It is important to note that a visa revocation only impacts a person's ability to return to the United States after international travel. It does not change their status. For example, an international student with an F-1 visa can have their visa revoked but can still remain in the U.S. with their valid F-1 student status. However, if their F-1 student status is terminated, they will no longer have permission to stay in the U.S., even with a valid F-1 visa.
If a visa has been revoked and physically cancelled, the individual may apply for a new visa, but they cannot travel on the physically cancelled visa. It is recommended that individuals facing DUI-related visa revocation seek advice from an experienced immigration lawyer to understand their legal options and eligibility for admission to the United States.
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Federal and state marijuana laws
Marijuana laws in the United States are rapidly evolving, with legalisation occurring in numerous states for medicinal and recreational use. Despite this, it is important to note that marijuana is still considered a Schedule I substance under the federal Controlled Substances Act. This means that while individual states may have their own laws permitting marijuana use, it remains illegal at the federal level to possess, distribute, sell or manufacture marijuana in the United States.
For international students and scholars, this discrepancy between federal and state laws can be particularly important to understand. As an international student, you are subject to federal law, which prohibits the use or possession of marijuana. This means that even if you are in a state where marijuana is legal, such as California or Colorado, using marijuana as an international student is still considered an illegal activity by federal agents.
When entering the United States, your social media accounts, texts, and emails are subject to search by federal agents. Evidence of marijuana use, such as photos or texts about buying or using, can be grounds for refusing entry into the country. This includes joking about drug use, as federal agents may not distinguish between serious and joking statements. Admitting to marijuana use at the border can also result in a lifetime ban from the United States.
It is crucial for international students to be aware of these risks and to understand that marijuana use, even in states where it is legal, can have serious consequences for their immigration status and visa eligibility. University policies may also prohibit marijuana on campus or in campus housing, further complicating the issue. Advisors and legal services are available to help international students navigate these complexities and understand the risks involved.
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Marijuana use on campus
Marijuana use and possession remain illegal on college campuses in the United States. Marijuana is a Schedule 1 drug and is illegal at the federal level. The Drug-Free Schools and Communities Act (DFSCA) of the Higher Education Act requires colleges to prohibit the use of illicit drugs on campus if they receive federal funding, grants, scholarships, or financial aid. This includes marijuana, a substance that is illegal at the federal level.
Despite the variation of cannabis policies across state lines, with recreational marijuana now legal in 23 states and the District of Columbia, the drug remains illegal on college campuses everywhere in the country. Even in states where medical and recreational marijuana are legal, colleges and universities must comply with federal law and their own campus regulations. Some schools may even prohibit cannabis use off campus as part of their student code of conduct or honour code.
Colleges and universities are required to inform students of the sanctions that will be taken if they are caught using or in possession of cannabis. They must also inform community members of the resources available if they or someone they know may have a cannabis or substance use disorder.
The chemical composition of marijuana has changed dramatically over the years, with THC content increasing from 4% in 1995 to double digits by 2010. This means that the drug is much stronger than it was in previous decades, and prevention and intervention strategies are needed to address marijuana use on campus. While "smoke-free" policies are in place on many campuses, these are insufficient to address the various methods and means of using cannabis.
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Frequently asked questions
No, international students are subject to federal law, which prohibits the use or possession of marijuana.
Marijuana use can impact an international student's immigration status and visa eligibility. Visa revocation is a possibility.
Colorado state law allows the legal sale of marijuana to people 21 and over. However, federal law, which takes precedence, still prohibits any use or possession of marijuana.
No, marijuana use is prohibited on campus and in campus housing at all times.
Yes, when entering the US at an airport or border, your social media accounts, texts, and emails are all subject to search.
