The Hidden Immigration Risks of Cannabis Employment: What Employers and Workers Need to Know | How to buy Skittles Moonrock online
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With the change in presidential administration, immigration law issues have dominated the news cycle recently. There is no doubt that immigration enforcement issues are a priority for this administration. Accordingly, employers in every sector should take a step back to ensure that their employment practices conform to immigration laws. For employers of state-legal cannabis businesses, this remains yet another area where the conflict between federal law and states that have legalized and regulated cannabis creates challenges.
While more and more states legalize the use, manufacture, distribution, etc. of marijuana, federal law continues to classify it (also spelled āmarihuanaā in the statute) as a Schedule I controlled substance. Under the Immigration and Nationality Act (INA) a non-U.S. citizen is not eligible to enter or remain in the country for a conviction of (or admitting to committing) “a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, of a foreign country relating to a controlled substance.”
USCIS Form I-9 within 3 days of hire for every individual they hire for employment in the United States. This universal requirement applies to state-legal cannabis businesses. Not only is Form I-9 required by federal law, it is the best permitted tool for employers to use to obtain immigration-related information from prospective employees.
Conclusion
The best practice for individuals who are not U.S. citizens or lawful permanent residents is avoid any involvement with cannabis at all times to maximize their ability to qualify for and to receive U.S. immigration benefits. By the same token, employers in the cannabis industry should consider avoiding hiring foreign nationals. While it might have no effect on the operations of the company, it can have significant consequences for the person due the significant effect this involvement can have on their immigration status and ability to enter and/or remain in the United States.
Individuals and businesses who have questions concerning the criminal and immigration consequences related to cannabis are best advised to consult with and retain a criminal attorney and an immigration attorney who specialize in the intersection of the complex worlds of U.S. immigration law and criminal law.
James Prappas is a member in Dykemaās Houston office and part of the firmās Immigration and Labor and Employment groups, focusing on employment-based immigration. He advises employers across industries on U.S. immigration matters, counseling companies on maintaining compliance while meeting talent needs in complex regulatory environments. With more than 30 years of experience, James helps clients navigate evolving immigration policies, including those affecting cannabis-related businesses and professionals.
Jim Aldrich is a member in Dykemaās Bloomfield Hills office and part of the firmās Immigration and Labor and Employment groups. He advises clients on employment-based immigration matters, including visa strategies, green card processes, and compliance with federal regulations. He works with companies across sectors, including cannabis, to support workforce mobility and manage immigration-related risks in a shifting legal landscape.
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