The recent legalization of adult-use cannabis in New York State has created enormous economic opportunities in the state, but taking advantage of those opportunities may bring harsh immigration consequences for foreign nationals currently in the U.S. or who seek admission to the United States in the future. Marijuana remains a Schedule I substance under the federal Controlled Substances Act and is therefore illegal to possess, distribute, sell or manufacture anywhere in the United States. We have previously discussed the potential immigration consequences of personal use of marijuana, as well as working in the legal marijuana industry both of which can lead to findings of inadmissibility to the United States. However, there remains a legal gray area regarding the potential impact of passively investing in the cannabis industry that is legal under state, but not federal law.
Sean Hocking, Cannabis Law Report, 04/29/2021 03:17:00