Cannabis and immigration status

Cannabis is legal in Illinois. But if you're not a citizen, be careful. Cannabis is still illegal under federal law. Using cannabis can hurt your application. It could even cause you to be detained Includes juveniles held prior to a court makes a decision about their case,  awaiting transfer to adult criminal court, or awaiting a hearing or trial in adult criminal court. or deported. Immigration law is complex, so talk to a trusted immigration lawyer Someone who represents clients in courts or who gives legal advice if you are not a U.S. citizen and want to understand your rights. If possible, talk to an immigration lawyer who specializes in cases involving cannabis. 

Admitting to using cannabis or benefiting from it

Cannabis is legal in Illinois but remains illegal under federal law, which controls immigration issues. If you are not a citizen, it is risky to admit to:

• Using cannabis
• Selling cannabis
• Manufacturing cannabis
• Investing in cannabis

If you admit to any of these things, you can be:

• Denied entry to the United States,
• Denied applications for naturalization or permanent residency,
• Detained, or
• Deported.

There is also risk if you live with someone who works in the industry, even if the person is a U.S. citizen. "Benefiting" from association with cannabis industry workers can include:

• Giving or receiving money from someone in the cannabis industry
• Living with someone who works in the cannabis industry, which could mean you get money from their job
• Co-owning property or businesses with someone in the cannabis industry

The federal government may consider these associations negatively, regardless of state laws. 

Protecting yourself and your family

To protect yourself and your family, you should not:

• Carry cannabis or a medical cannabis card. Even registering for a cannabis card can be risky as it could be seen as an admission of cannabis use,
• Admit to an immigration officer or consular official that you have ever possessed or used cannabis, even if it was for medical reasons,
• Apply for a medical cannabis card, or
• Travel outside the country if you have used or worked in the cannabis industry because you could be denied entry when you return.

Before you clear your cannabis record

The same law that legalized cannabis also allows for clearing cannabis records. But non-citizens should be careful. Clearing your record could impact your immigration status.

Even if your cannabis record is cleared, the federal government might still see it as a sign of past illegal activity, affecting your chances of getting immigration benefits and potentially leading to inadmissibility or deportation. Clearing the record can also make it harder to get the documents needed for immigration requirements.

Before clearing your record, you should get 3-4 copies of your court records. This includes certified dispositions. You can get this from the Circuit Clerk The office that takes care of files and documents for circuit court cases of the county where your offense happened.

Talk to a trusted immigration lawyer before taking action. Clearing your record will usually not help your immigration application.

Source

INA 212(a)(2)(A)(i)(II)