U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character (GMC) for naturalization even where that conduct would not be an offense under state law. Background Since 1996, several states have enacted laws to decriminalize the cultivation, possession, distribution, and use of both medical and non-medical (recreational) marijuana in their jurisdictions. However, Federal law continues to classify marijuana as a “Schedule I” controlled substance whose manufacture, cultivation, possession, or distribution may lead to criminal[1] and immigration consequences. This guidance, contained in Volume 12 of the Policy Manual, is controlling and supersedes any prior guidance on the topic. Continue reading
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