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1 1 (September 17, 2020)

handle is hein.crs/govdbwy0001 and id is 1 raw text is: * Conqrcissioa flasearch Service Marijuana and Restrictions on Immigration September 17,2020 Marijuana is listed as a Schedule I controlled substance under the Controlled Subs tances Act (CSA), and has been on Schedule I since the CSA was enacted in 1970 (P.L. 91-513). The Schedule I status of marijuana means that it is strictly regulated by federal authorities, regardless of state regulations and laws, and its growth, distribution, and possession (regardless of recreational or medicinal purposes) are prohibited under federal law aside from activities related to lawful research. Over the last several decades, states and territories have established a range of laws and policies regarding marijuana's medical and recreational use. Most states and territories have deviated from across-the-board prohibition of marijuana, and now have laws and policies allowing for some cultivation, sale, distribution, and possession of marijuana, while some states continue to prohibit any marijuana activity aside from lawful research. These developments have spurred a number of questions regarding potential implications for federal law enforcement activities as well as consequences for individuals who may be acting in accordance with state law but are in violation of federal drug laws and policies. There are many consequences of marijuana-related activity in the United States. This Insight focuses on the immigration consequences for noncitizens (referred to as aliens in immigration law). Immigration Con sequences of Marijuana-Related Activity Drug-related activity can have various types of immigration consequences. Four key consequences for noncitizens are inadmissibility, deportability, ineligibility for immigration relief, and bar to naturalization. Due to pending legislation that addresses the legality of marijuana under federal law and immigration matters related specifically to marijuana-related activity, this discussion is limited to consequences for marijuana-related activity. This Insight uses the term marijuana-related activity rather than marijuana offense because activities that are not illegal in the state or foreign country where they occurred could still have immigration consequences because of the federal prohibition on marijuana and the federal government's jurisdiction over immigration enforcement. Inadmissibility Aliens may be denied a visa, admission into the United States, or lawful permanent resident (LPR) status if they have been involved in certain marijuana-related activities (8 U. S. C. § 1182(a)), such as Congressional Research Service https://crsreports.congress.gov INi 1503 ORS MN GHT PrepareJ .r Membersand C o ma n m : i rtuE * oclCo r n ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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