Reclassification of Weed

President Trump is considering reclassifying marijuana as a Schedule III drug. Currently, weed is a Schedule I drug which limits the medical use of the substance under federal law.

Schedule III drugs are defined as having a moderate to low potential for physical and psychological dependence whereas schedule I drugs allegedly have a "high potential for abuse."

However, such reclassification will have little to no impact on how weed is treated under the immigration laws. In order to see change, the federal government would have to de-schedule weed. In order to remove weed from the federal schedules either Congress must pass legislation, or the executive branch must make new federal rules.

If you are an alien, admitting to weed use (even for medical purposes) anywhere can be admitting to a federal drug offense. It remains a federal crime to possess weed anywhere in the United States even if state laws permit possession.

To minimize your risk of running into immigration issues involving weed, avoid working in the cannabis industry, seek legal advice before using medicinal or recreational weed, do not publicly possess weed, do not publicize your activities, do not create images of yourself around weed or weed products, and do not speak to law enforcement without your lawyer present.

One note: always seek out an immigration attorney if you have been charged with any drug related crimes. Criminal attorneys are not always aware of the immigration consequences of certain criminal convictions.