Marijuana Violations May Result in Denial of Naturalization

Some states in America have legalized marijuana, but federal law still classifies it as an illegal "Schedule 1" drug on par with heroin. This conflict is an issue for USCIS officers evaluating N-400 Application for Naturalization applicants for good moral character (GMC). If an applicant is found to have legally used marijuana based on state law, should this impact their eligibility for immigration benefits?

The answer to this question can determine whether an applicant is awarded or denied American citizenship. GMC is a criteria an applicant must fulfill in the N-400 Application for Naturalization. The law requires that the applicant must have demonstrated GMC during the past 5 years and the time leading up to the oath ceremony. Their past activities and conduct are scrutinized for any indication of poor moral behavior. Criminal behavior, convictions, and any admission of criminal acts can be be used to deem an applicant ineligible.

The legal status of marijuana on the state level is what complicates GMC evaluation. Although legalized in 31 states and the District of Columbia, Marijuana is illegal under federal law.  The legal standards including amount, form (smoked, infused pill and oils, etc.), and distribution also differ depending on the state. The District of Columbia, Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont and Washington have all legalized recreational use of marijuana. Some states allow marijuana use for medical reasons under certain conditions. Other states decriminalized marijuana use but did not legalize sale and distribution. 

Under the authority of the "supremacy clause" of the U.S. Constitution, federal law preempts any conflicting state laws. Accordingly, USCIS has released a policy guidance clarifying how officers should judge GMC in cases involving federally controlled substances, including marijuana. Any cultivation, distribution, manufacture, or possession of the drug would violate federal law. The guidance states that marijuana usage sets a bar for evaluation of moral character, regardless of state law. It maintains that federal law is still being violated. Applicants involved in marijuana-related activities can face immigration consequences, even if applicable local or even foreign laws do not criminalize them.

Those planning to apply for naturalization should keep in mind that even if they are not breaking any laws at the time, marijuana-related activities can affect them years down the road. Unless the federal law is changed, immigration officers will continue to regard drug offenses involving marijuana as criminal violations that could cause denial of naturalization.