Marijuana use


Because of Proposition 64, California law provides that any person 21 years of age or older can legally possess and use marijuana

.Because of this, immigrants in California may think that using marijuana will not hurt their immigration status. UNFORTUNATELY THAT IS WRONG!!

It is still a Federal Offense to possess marijuana, and Federal Law controls immigration.

If a non-citizen admits to an immigration official that he or she has ever used marijuana, that person can face very serious immigration problems. Even if the person was never convicted of a crime, just used marijuana at home, and it was legal under state law. That person can face serious problems if he or she applies for a Green Card, applies for U.S. Citizenship, travels outside the United States, or ICE questions them on the street.


Don’t use marijuana until you are a U.S. Citizen. Don’t work in marijuana shop. Never leave the house carrying marijuana, a medical marijuana card, paraphernalia ( like a pipe ) or accessories , like T shirts, stickers. Don’t have texts or photos about you and marijuana on your phone, Facebook, or anywhere else.

Most important, never admit to any immigration or border official that you have ever used or possessed marijuana.

If a federal official asks you about marijuana, say you do not want to speak with them, unless you have expert legal advice. That is OK.

You have the right to remain silent. Be strong. Do not let the official intimidate or scare you. Once you admit it, you can’t take it back. If you did admit this to a federal officer, get legal help quickly.

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Law Office of Kevin M. Tracy