Re: Registered Marijuana user in California - Is it a problem?

[FranckDG]

Hi all,

I just got my GC this year and I am thinking about applying for citizenship in a few years. Since I live in california and I have a general anxiety disorder, I am considering registering as a medical marijuana user since it is a softer treatment than pills like Xanax, etc... However, I think that it enters you in a federal database and that the federal government considers that a felony.
So my question is: If I register as a medical marijuana user in california, will it affect my chances to get the citizenship a few years down the road?

thanks,

f-

[boatbod]

I don't think I've ever seen this question posed before, but I would expect it could cause issues, if only from lack of understanding by the IO.

[schandrag]

Generalized anxiety Disorder is not an indication for medical marijuana use.

[Bobsmyth]

I don't see how medical marijuana would affect your application unless it resulted in a felony conviction. Being on a federal registry for medical marijuana usage and being on a federal criminal database are two different things. I would find it hard to believe that they would deny your application for being on the registry alone.

[Vorpal]

The Federal government considers marijuana usage a felony? I'm fairly positive that personal consumption of marijuana is a misdemeanor at best. In some states, it's not even an arrestable offense.

[Jackolantern]

Consult a lawyer before taking action.

[schandrag]

Though some states, notably california have passed medical marijuana rules tthrough referendum, Federal law still prohibits it.
For example as a physician licensed in CA one could prescribe medical marijuana, but the phyician could lose his/her of DEA permit because it runs afoul of Federal proscritions. So much for States rights!
Therefore there is no Federal registry of mrijuana users, maybe a state one.
However, even when referendums were pased, they were with narrow limitations and the conditions for medical marijuana use are few- intractable emesis(vomiting), severe cachexia - usually associated with cancer or with chemotherapy/
Generalized Anxiety Disorder is not an indication. Therefore the question posed by the OP is moot.

[Bobsmyth]

Originally Posted by Vorpal

The Federal government considers marijuana usage a felony? I'm fairly positive that personal consumption of marijuana is a misdemeanor at best. In some states, it's not even an arrestable offense.

Trafficking marijuana and possession over a certain weight are felonies. Usage in itself is not a felony.

[Vorpal]

Originally Posted by Bobsmyth

Trafficking marijuana and possession over a certain weight are felonies. Usage in itself is not a felony.

Exactly. In the OP's case, he'd be guilty of a misdemeanor, if the Federal government actually caught him in the act of smoking marijuana and decided to press charges. However, the Federal government has bigger fish to fry than medicinal pot smokers.

[yummyk]

This is a very tricky area of the law since there are conflicting state and federal laws. I know that here in Orange County, medical marijuana dispensaries are raided all the time by feds, and even the local cops are involved. Although California does allow medical marijuna usage, local police and DAs still arrest and prosecute users and distributors. There are many such cases before the courts now and my guess is that it will be years before they resolve it.

One thing remains clear, however: the US federal government hates marijuana and is determined to keep it illegal, even if that means trampling on states' rights. Several users here have advised you to consult a good attorney before doing anything. In this case, I will advise you to go one step further and simply not get involved in this at all if you can possibly avoid it. No good can come from it, especially if you are ever detained or arrested. The IO will most likely not care that medical marijuana is legal in California since you are still breaking federal laws by possessing it. There are other drugs for anxiety, and you may want to consider trying these treatment regimes first, before considering marijuana.

As for the "database", I don't know that there is a federal database, but at the county level in California, there are records kept of registered users. Some counties issue ID cards which means, presumably, there is a database out there with users' personal information in it. Not sure who has access to it, but I would be wary of having my name in such a database as I begin applying for citizenship (again, you can consult an attorney about this before doing anything.)

[Bobsmyth]

Originally Posted by Vorpal

Exactly. In the OP's case, he'd be guilty of a misdemeanor, if the Federal government actually caught him in the act of smoking marijuana and decided to press charges. However, the Federal government has bigger fish to fry than medicinal pot smokers.

Unless they catch him with a hoarded cache.

[sdot_83]

so u like that sticky iky huh

[rick92]

Originally Posted by FranckDG

Hi all,

I just got my GC this year and I am thinking about applying for citizenship in a few years. Since I live in california and I have a general anxiety disorder, I am considering registering as a medical marijuana user since it is a softer treatment than pills like Xanax, etc... However, I think that it enters you in a federal database and that the federal government considers that a felony.
So my question is: If I register as a medical marijuana user in california, will it affect my chances to get the citizenship a few years down the road?

thanks,

f-

The mere act of registering is not a felony and cannot be construed as such. But the consumption or posession... etc, of illegal substances (per federal law) is punishable in different forms. If you consume controlled substances in California, you must have a medical prescription, so therefore you can always show that as proof of a medical condition.

If the federal government should find out about it, they could probably find cause of bad moral character to deny the application, and you would have to file a lawsuit to counteract such decision.-

[thg12]

Originally Posted by Bobsmyth

Trafficking marijuana and possession over a certain weight are felonies. Usage in itself is not a felony.

I've been doing a lot of research on this and I want my findings to be known here so that everyone has full knowledge of the law. The reason I started this was thanks to some unscrupulous lawyer who scared the life out of me and then offered to represent me at an I-90 appointment of all things with a high 4 digit fee.

I am still scared to go to this appointment but the facts I have gathered have given me confidence. If anyone has any information on exactly what happens at an I-90 biometrics appointment please tell me.

In the meantime here is a great chart talking about the things that you inadmissable or deportable:

http://www.immigrantdefenseproject.o...sChecklist.pdf

Here it is very clear that you must never admit anything you don't have to, since even if your charges were dismissed for example under a NY ACD and you did not file a plea, if you tell the officer what happened then you are inadmissable but not deportable (the second offense would make you deportable). Also it is clear that you can in fact apply for Naturalization even with a SINGLE less than 30g possession of Marijuana. Most attorneys I spoke were grossly misinformed and told me to wait 5 years. Maybe it's something you don't want to write on your N400 application, but a good attorney should find a way to handle it considering an ACD record is sealed.

I suppose one would answer YES to question 19, and then write that the arrest was for possession of Marijuana and then write that it was dismissed.

Also read this: http://www.nydailynews.com/ny_local/...ng_a_plea.html

Then we have Lopez vs. Gonzales:

http://www.immigrantdefenseproject.o...PTipNovDec.pdf

Basically showing that a guilty plea to possession can be used against you to render you deportable or inadmissible basically based on whether the quantity is 30g or less.

So be very careful in saying that there will be no problem.

The question may never come up, but if it does you have to know how to answer it while being fully truthful. If applying for naturalization I suppose a lawyer is a must. For I-90 renewal I don't really know and I would like your advice. Somebody please offer an opinion on that. My biometrics appointment is in 2 days.

[aosing]

It's a known fact that there are certain doctors in California who will write marijuana prescriptions for a wide variety of conditions for which there is no medical basis.

I would certainly not use medical marijuana for your condition as a noncitizen. There are too many things that can go wrong, and you have plenty of FDA-approved alternatives that will not get you in trouble with the federal government. It's not like you have AIDS or cancer and can't keep your pills down without smoking up. If you go this route and it comes up in some form or interview and the result is unfavorable you will have no one to blame but yourself.

Even citizens can find that marijuana use can cause major significant unexpected roadblocks in their opportunities and career even where such use is decriminalized by the state, which they should consider beforehand. As a PR you have a lot more to lose. And keep in mind the immigration definition of "aggravated felony" and "crime of moral turpitude" does not correspond to the state law or federal criminal definitions of the same. There are crimes that are misdemeanors under state law that are "aggravated felonies" for immigration purposes and there are crimes that would not be considered "moral turpitude" under a state definition but are for immigration purposes.

[cafeconleche]

I DEFINITELY wouldn't want to be on any database until I'm a citizen, unless, of course, I had a SERIOUS condition. I'm an advocate of legalising marijuana, or, at least, decriminalising it at every level, but I will make my voice heard in time, but not while I'm still an LPR.

Good question, though. Here's one. Since it's generally ok to use marijuana in other countries, what happens when an LPR or even a citizen uses outside the US and then flies back a few days later? If they find it in your blood because, as a traveler returning from, say, the Netherlands, they feel like testing your blood (can they do this?), can they do anything?

[tnwalker]

i think for safety you can use conventional drugs till N400. for example prostitution is legal in most counties in NV. So if you are running a place that offers that service and you are the manager and "hiring" staff there, by NV law you are legal and even pay federal taxes. But by federal definition, you are "procuring" which I think is a serious offense. But by state, it is regualted by the state and the sheriffs department. They are stricly governed.

i think state rules don't count for the IO..

Plus here in CA, small amounts of marijuana (depending on the area) is just a small fine. However the border patrol has very different rules-100mi from the border and we have to abide by their regulations-no constititution stuff. So for example on highway 8, there are several checkpoints where border patrol stops and checks all cars. In CA, if you are stopped and they find small amounts of pot, they just throw it away. becaus ethey have to call CHP and CHP refuses to come out for just small amounts of marijuana. Now cross over into AZ on the same highway and you hit the checkpoint at Yuma, Az. There the town of Yuma has deputized the border patrol agents. The agents are not only border patrol, but double as sheriffs deputies. they have the power to confiscate as well as the freedom to search without any probable cause. AZ is also very strict and throw them in jail for small amounts. It is considered a serious crime and fees/lawyer can run you into the thousands. Apaprantely Yuma has made hundreds of thousands of dollars from this checkpoint alone.

So till you get N400 better be careful Even after -you don't wan't to be thrown in jail, just because it is ok in one state and not in another.

[tnwalker]

i think for safety you can use conventional drugs till N400. for example prostitution is legal in most counties in NV. So if you are running a place that offers that service and you are the manager and "hiring" staff there, by NV law you are legal and even pay federal taxes. But by federal definition, you are "procuring" which I think is a serious offense. But by state, it is regualted by the state and the sheriffs department. They are stricly governed.

i think state rules don't count for the IO..

Plus here in CA, small amounts of marijuana (depending on the area) is just a small fine. However the border patrol has very different rules-100mi from the border and we have to abide by their regulations-no constititution stuff. So for example on highway 8, there are several checkpoints where border patrol stops and cheks all cars. In CA, if you are stopped and they find small amounts of pot, they just throw it away. Because they have to call CHP and CHP refuses to come out for just small amounts of marijuana. Now cross over into AZ on the same highway and you hit the checkpoint at Yuma, Az. There the town of Yuma has deputized the border patrol agents. The agents are not only border patrol, but double as sheriffs deputies. They have the power to confiscate as well as the freedom to search without any probable cause. AZ is also very strict and throw them in jail for small amounts. It is considered a serious crime and fees/lawyer can run you into the thousands. Apaprantely Yuma has made hundreds of thousands of dollars from this checkpoint alone.

So till you get N400 better be careful Even after -you don't wan;t to be thrown in jail, just because it is ok in one state and not in another.

[aosing]

Originally Posted by cafeconleche

Good question, though. Here's one. Since it's generally ok to use marijuana in other countries, what happens when an LPR or even a citizen uses outside the US and then flies back a few days later? If they find it in your blood because, as a traveler returning from, say, the Netherlands, they feel like testing your blood (can they do this?), can they do anything?

I have never heard of immigration testing for marijuana usage in any situation. I believe a blood test without consent would require a warrant, and that's usually done in a DUI-type situation, for alcohol, or for someone who is already on probation. I don't think USCIS concerns itself with whether you've used marijuana, only if you have been convicted.

Also, I don't think it is "technically" legal in the Netherlands, for foreign policy reasons, but rather there is a policy of nonenforcement to the extent that it is impossible to convict anyone just for smoking in a coffeeshop.

In any event if you apply to certain types of jobs such as law enforcement you will be asked about illegal drug use and marijuana use and I'm sure it would not be looked upon favorably even if legal. But most serious consequences (e.g. scholarship loss, immigration problems) are for drug arrests and convictions, not simply having done it. (This is not the case for terrorism and prostitution, however, where you are asked if you've done it, not if you were caught.)

[thg12]

Originally Posted by aosing

I have never heard of immigration testing for marijuana usage in any situation. I believe a blood test without consent would require a warrant, and that's usually done in a DUI-type situation, for alcohol, or for someone who is already on probation. I don't think USCIS concerns itself with whether you've used marijuana, only if you have been convicted.

Also, I don't think it is "technically" legal in the Netherlands, for foreign policy reasons, but rather there is a policy of nonenforcement to the extent that it is impossible to convict anyone just for smoking in a coffeeshop.

In any event if you apply to certain types of jobs such as law enforcement you will be asked about illegal drug use and marijuana use and I'm sure it would not be looked upon favorably even if legal. But most serious consequences (e.g. scholarship loss, immigration problems) are for drug arrests and convictions, not simply having done it. (This is not the case for terrorism and prostitution, however, where you are asked if you've done it, not if you were caught.)

Well I believe you are wrong about whether the USCIS is concerned about you using marijuana. It very clearly says if the officer even has a reason to believe you are habitual user or addict of drugs or even alcohol they can make you inadmissible:

http://www.uscis.gov/files/article/i...ers_8jun09.pdf

or

http://74.125.47.132/search?q=cache:...ient=firefox-a

Also if you have more than one drug related conviction they can move to deport by "having reason to believe you are a drug trafficker". That is an aggravated felony. They don't even have to show proof, but they can just have reason to believe.

Frankly, the medical use of marijuana is not for aliens if they expect to stay resident in the US. Only citizens can consider such treatment options. I would ask your doctor for alternatives.

[aosing]

Originally Posted by thg12

Well I believe you are wrong about whether the USCIS is concerned about you using marijuana. It very clearly says if the officer even has a reason to believe you are habitual user or addict of drugs or even alcohol they can make you inadmissible:

http://www.uscis.gov/files/article/i...ers_8jun09.pdf

or

http://74.125.47.132/search?q=cache:...ient=firefox-a

Also if you have more than one drug related conviction they can move to deport by "having reason to believe you are a drug trafficker". That is an aggravated felony. They don't even have to show proof, but they can just have reason to believe.

Frankly, the medical use of marijuana is not for aliens if they expect to stay resident in the US. Only citizens can consider such treatment options. I would ask your doctor for alternatives.

I don't think you read what I wrote, where I clearly stated that aliens should not use marijuana in the USA for any reason, and stated that a possession conviction is deportable, and furthermore than any marijuana use can have serious consequences. Here I was responding to a question about USCIS blood-testing someone coming in on a flight from the Netherlands. Have you ever heard of USCIS doing a blood test? No, you haven't. They rely on interviews and law enforcement records. They are not going to make you pee in a cup.

Under the document you cite, an individual is only inadmissible for as long as they are abusing or addicted to drugs or alcohol. There is no medical consensus that marijuana is "addictive" at all in the way that alcohol or cigarettes are. Certainly it is possible to be a habitual user. However if someone has no convictions, is not using at all at present, and has never used in the United States, but has simply smoked a lot of pot in a foreign country, I find it difficult to see how that would get some excluded from the United States, unless they were stupid about it and brought it up and framed it the wrong way. This would not be the case with hard drugs or even alcohol where someone might be sober at present but could not honestly say that they aren't addicted.

[Vorpal]

Originally Posted by aosing

I don't think you read what I wrote, where I clearly stated that aliens should not use marijuana in the USA for any reason, and stated that a possession conviction is deportable, and furthermore than any marijuana use can have serious consequences. Here I was responding to a question about USCIS blood-testing someone coming in on a flight from the Netherlands. Have you ever heard of USCIS doing a blood test? No, you haven't. They rely on interviews and law enforcement records. They are not going to make you pee in a cup.

Under the document you cite, an individual is only inadmissible for as long as they are abusing or addicted to drugs or alcohol. There is no medical consensus that marijuana is "addictive" at all in the way that alcohol or cigarettes are. Certainly it is possible to be a habitual user. However if someone has no convictions, is not using at all at present, and has never used in the United States, but has simply smoked a lot of pot in a foreign country, I find it difficult to see how that would get some excluded from the United States, unless they were stupid about it and brought it up and framed it the wrong way. This would not be the case with hard drugs or even alcohol where someone might be sober at present but could not honestly say that they aren't addicted.

I remember seeing a worksheet with criteria for deportation posted on this forum, but can't find it right now. It specifically stated that a single charge of simple possession (under 30 grams) of marijuana is not a CIMT and is not a deportable offense.

I've also heard stories that travelers arriving in the U.S. with a Netherlands stamp in their passport are put on a special interest list by the CBP and are subjected to secondary inspections more often. It sounds like another conspiracy theory, but it wouldn't surprise me at all.