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Immigration, marijuana don't mix

April 2021 employment law letter
Authors: 
Sonseere H. Goldenberg, Felhaber Larson

If members of your workforce are immigrants (they have a green card) or are working temporarily in the United States in any visa category, including as farm workers, hospitality workers, healthcare workers, or students, they shouldn't use any drugs or substances prohibited under federal or state drug schedules. The schedules prohibit cannabis, or marijuana, use even when it's legal under state law for either medicinal or recreational purposes.

How is cannabis classified?

The U.S. Drug Enforcement Agency's (DEA) website describes how it classifies (or schedules) narcotics and other plants and drugs. Federal criminal law considers Schedule I drugs to be the most dangerous and addictive.

Surprisingly, marijuana is a Schedule I drug under federal law and some states' laws. The DEA states: "Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote."

The Immigrant Legal Resource Center (ILRC) produced a well-done and straightforward video on the immigration consequences of using marijuana: "What Every Noncitizen Must Know About Cannabis and Immigration." Anyone who is looking to enter or remain in the United States temporarily or permanently should watch it.

Risks for immigrants?

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