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Federal legalization of hemp in the United States and its effect on US immigration laws

US immigration laws eased after the US 2018 Farm Bill removes hemp (and extracts of hemp such as CBD), from the list of controlled substances that have immigration consequences. Signed into law by President Trump on December 20, 2019, removes a major roadblock that hindered foreign investment and job creation in the US lawful hemp industry. Please click here to read the full article.

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Federal legalization of hemp in the United States and its effect on US immigration laws

Cannabis in the United States and its implications in naturalization applications

In response to requests from state and local officials for clarification and adjustment of United States Citizenship and Immigration Services policies negatively impacting the legal immigration status of individuals who work or have worked in the legal cannabis industry, USCIS has updated its Policy Manual—but has not retreated from its position that cannabis-related activities will likely bar a lawful permanent resident of the US from naturalization, even if such activities take place in a state that has legalized cannabis. For a deep dive into the updated manual—including cannabis-related activities which, while not grounds for deportation may still be grounds for inadmissibility if the LPR travels abroad and attempts to re-enter the US—please click here.

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Cannabis in the United States and its implications in naturalization applications

How US federal cannabis legalization would affect US immigration law

During the 115th US Congress, several bills were introduced to legalize marijuana at the federal level. Those receiving the most attention were: (1) the Strengthening the Tenth Amendment Through Entrusting States Act (STATES Act); (2) Marijuana Justice Act of 2017/Marijuana Justice Act of 2018 (Marijuana Justice Act); and (3) the Marijuana Freedom and Opportunity Act (Marijuana Freedom Act). While all three died when the Congress ended on January 3, 2019, they are likely to be reintroduced (without change) during the 116th Congress. For our analysis of how they might affect the ability of foreign nationals to enter the United States, click here.

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How US federal cannabis legalization would affect US immigration law