NY & NJ Legalize Recreational Marijuana, but Immigrants Still Face Risks : Immigration Law Blog

On July 15, New York legalized using leisure marijuana for adults 21 years and older. The invoice permits possession of as much as three ounces of hashish for leisure use, or 24 grams of concentrated hashish from crops. New Jersey legalized leisure marijuana use in December 2020, authorizing using six ounces of hashish. Each states will create a regulatory construction for adult-use gross sales.

Immigrants, particularly these on liminal standing, should still face damaging authorized penalties for using marijuana though leisure use of marijuana has been legalized. In New York, this additionally expunges previous marijuana convictions to be used that may have been authorized underneath the current laws.

Minor Marijuana Arrests or Convictions Might Lead To Deportation for Immigrants

Marvin Jerezano Pena, who entered america by crossing the border on the age of 10, was arrested for possession of marijuana in 2017. Possession of marijuana is now authorized underneath the brand new regulation handed in New Jersey. Marvin was arrested by Immigration and Customs Enforcement (ICE) at a New Jersey courthouse, and deportation proceedings have been commenced. Marvin was dwelling together with his spouse, two-year-old son, mom, and five-year-old sister. He was ordered to be faraway from america.

Marvin had a earlier marijuana possession conviction in 2015, for lower than 30 grams of marijuana. Marvin’s mom Naomi Pena mentioned, “For those who’re American – nothing occurs since you’re in your individual nation.” She continued, “However these which are undocumented are judged for a minor error they made; they’re criminalized within the worst approach.”

Immigration Penalties of the Leisure Use of Marijuana

Eighteen states and Washington, D.C., have legalized using leisure marijuana. Nonetheless, it stays a federal crime to ingest, use, or possess it. Marijuana is classed as a Schedule I managed substance, as are heroin and ecstasy.

“It’s the federal immigration regulation that determines what could create a damaging immigration consequence and what doesn’t,” mentioned Marie Mark, Director of Authorized Assist and Assets on the Immigrant Protection Mission.

The consequence of an immigrant’s being stopped by any regulation enforcement and admitting to using marijuana might result in their momentary immigration standing being revoked. Admitting to marijuana use may additionally hinder an immigrant’s probability to naturalize as a U.S. citizen.

Within the fiscal yr 2019, ICE arrested greater than 67,000 folks for non-trafficking-related drug offenses, as reported by the Drug Coverage Alliance. Drug offenses have been the second commonest offenses amongst individuals who have been deported, even after getting into the nation legally.

Arrest or Conviction of Marijuana May Hinder Good Ethical Character Requirement to Naturalize as a U.S. Citizen

To naturalize as a U.S. citizen, an immigrant should present that he was of “good ethical character” for a statutory interval of 5 years. A marijuana conviction and even an arrest could trigger failure to satisfy the precise standards for standing and result in a denial of citizenship.

“It’s essential for immigrant communities and noncitizens to know that any involvement with marijuana even when it’s underneath the lawful conduct of the state they reside in – can have damaging penalties,” Catherine Gonzalez, a senior workers lawyer with the Brooklyn Defender Providers, mentioned. She added that immigrants may additionally be deemed inadmissible resulting from a previous conviction.

When an immigrant is arrested for possession of marijuana, ICE is likely to be alerted. ICE would possibly then pursue the immigrant, even when the immigrant’s arrest doesn’t result in a conviction of marijuana possession. The fingerprints of the immigrant are transmitted to the Division of Homeland Safety, which may alert ICE of the immigrant’s presence and authorized standing in america.

To study extra about this weblog put up or if in case you have some other immigration issues, please be at liberty to contact me at rglahoud@norris-law.com or (484) 544-0022.