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 or deported. Immigration law is complex, so talk to a trusted immigration lawyer if you are not a U.S. citizen and want to understand your rights.

Admitting to using cannabis or benefiting from it

If you are not a citizen, it is risky to admit to:

• using,
• selling,
• manufacturing, or
• investing in cannabis.

There is also risk if you live with someone who works in the industry. This is true even if they're a U.S. citizen.

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.

Protecting yourself and your family

To protect yourself and your family, you should not:

• carry cannabis or a medical cannabis card,
• 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.

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 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)(1)(A)(iv)