Student presentation explores foreign nationals’ participation in the US marijuana industry

The final scheduled presentation during the final week of my Marijuana Law, Policy & Reform class is focused on a topic that does not seem to get all that much attention even though it is at the intersection of two topics that get a whole lot of attention. Specifically, this presentation is examining how non-citizens in the US interact with the marijuana industry. Here is how the topic is described by my student (along with background readings):

Foreign nationals and immigrants to the United States participate in the U.S. marijuana industry in many of the same ways as U.S. citizens.  Some consume marijuana for medical or recreational reasons, others work for marijuana dispensaries or farms, and others invest in the booming industry.  However, unlike U.S. citizens, noncitizens may face serious consequences for engaging in the marijuana industry, regardless of individual state legalization of the drug.

The federal Immigration and Nationality Act (INA) provides for strict consequences for foreign nationals who participate in the marijuana industry, such as inadmissibility, deportability, and bars to naturalization.  And these consequences are unlikely to change with marijuana’s continuing status as a Schedule I controlled substance under the federal Controlled Substances Act.

Background readings:

Title 8 U.S. Code Chapter 12: IMMIGRATION AND NATIONALITY

From the Congressional Research Service, “Marijuana and Restrictions on Immigration”  (2020)

From Christopher P Salas-Wright et al., “Trends in cannabis use among immigrants in the United States, 2002-2017: Evidence from two national surveys” (2019)

U.S. Citizenship and Immigration Services, “Policy Alert: Controlled Substance-Related Activity and Good Moral Character Determinations” (2019)

From ABC News, “Legal immigrants with jobs in the marijuana industry are being denied US citizenship” (2019)

From Politico, “‘Real People That We Care About Are Being Exploited’: Lured with false promises of high pay and decent labor conditions, immigrants are held against their will by outlaw farmers who withhold their wages.” (2022)

From Harris Bricken, “Foreign Investment in U.S. Cannabis: A Continuing Love/Hate Relationship” (2020)