Congressional Research Service Analyzes Marijuana Expungements And Cannabis Immigration Issues – Marijuana Moment

The Congressional Research Service (CRS) released new two reports on marijuana policy—one dealing with the immigration implications of federal prohibition and the other looking at expungements provisions in pending legislation to deschedule cannabis.

For the immigration-focused report published last week, CRS outlined how being convicted of a marijuana crime, admitting to using cannabis (even in a legal state) or working in the marijuana industry can carry four “key consequences” for non-citizens. They can be deemed inadmissible to the U.S., deported, lose immigration relief benefits and be denied naturalization.

The threat of inadmissibility for state-legal cannabis activity even extends to people who simply invest in the market, CRS said. The report makes a point of reiterating several times that just because something is legal under state law doesn’t mean there are carve outs in federal immigration statutes.

There are also immigration relief benefits that individuals could lose out on because of marijuana-related activities. They include the “waiver of certain criminal inadmissibility grounds, cancelation of removal, voluntary departure, withholding of removal, protection under the Convention Against Torture, asylum, Temporary Protected Status (TPS), and Deferred Action for Childhood Arrivals (DACA),” the report states.

With respect to naturalization restrictions, CRS points out that the Trump administration in 2019 issued a memo clarifying that having a cannabis conviction or admitting to working in the marijuana industry “can bar an individual from establishing [good moral character], even if the marijuana-related activity did not violate applicable state or foreign laws.”

In May 2019, 43 members of the House asked the heads of the Departments of Justice and Homeland Security to rescind that policy. The next month, a coalition of 10 senators made the same request.

CRS also recognized in the new report that legislation to federally deschedule marijuana—the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act—would help resolve

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