Marijuana, Immigration and the Risk of Deportation
In the last few years, 25 different states have changed their laws about marijuana. Some have completely legalized it, and others have made exceptions for the use of marijuana for medical use only. In Tennessee, however, the laws have not changed: it is illegal to possess, sell, buy or distribute marijuana in the state.
Even if Tennessee changed its laws tomorrow, immigrants must remain on guard before using the drug. First, the federal government has not legalized marijuana. This means that non-citizens may face federal drug charges if caught with pot. A federal drug crime charge is viewed seriously by the immigration authorities and often results in removal or deportation. Thus, it is especially important to seek legal representation to help you. As reported in the San Diego Union-Tribune, the “discrepancy arises because marijuana is still a crime at the federal level.” The “federal government has chosen not to allocate funds for criminal prosecutions relating to marijuana in states that have legalized it,” but the federal government still views “dispensaries — medical or otherwise — as illegal drug trafficking.” Immigration cases are civil cases, and therefore, the funding restriction on criminal prosecutions does not apply to deportation cases.
Second, if you use marijuana in another country where it is legal, you could be barred from returning to the U.S. For example, it is legal to possess small amounts of marijuana for personal use in Colombia, legal to use in Spain in private areas, like homes, and in certain other countries. It does not matter if you are here on a visa or are a lawful permanent resident: if ICE discovers you have used marijuana, even legally, while abroad (or in a state where it is legal, such as Colorado), and you are not a U.S. citizen, you can be banned from entering the United States forever.
Being charged with a drug crime, at times, is enough to have you deported. If convicted of a drug crime, your chances of being removed are great. You need an attorney who knows how to help you. If you are facing drug charges or the immigration authorities are trying to deport you because of illegal drugs, call Nashville immigration attorney Perry A. Craft. He can put his years or experience to work on your behalf. To schedule a consultation at the Law Office of Perry A. Craft, PLLC, please call 615-953-3808, or use our contact form.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.