Contributed by Kim Tremblay, Associate Attorney
This week, many of us are stocking up on goodies to
celebrate the beginning of a new year: caviar, champagne, marijuana. Well, technically Coloradans can start
purchasing marijuana for their personal consumption on January 1, 2014 when
special retail shops will be permitted to open. This results from Colorado voters
approving a ballot measure in November 2012 that decriminalized marijuana
possession of one ounce or less for adults over 21 and regulates the
cultivation and sale of marijuana.
However, immigrants should find alternate ways to celebrate.
Although the federal government announced its marijuana
related enforcement priorities in August 2013, namely that it would focus on
protecting minors from marijuana and preventing criminal involvement in the
industry, at the federal level, marijuana is a controlled substance and it is a
crime to possess it or to engage in its production or distribution.
Of specific concern to immigrants is that immigration
matters are regulated by federal law, which has not changed with regards to
marijuana. Under immigration law, there
are many areas related to controlled substances that could be problematic for
marijuana users, producers, and distributers.
Please see my previous blog regarding these issues: http://josephlawfirm.blogspot.com/2012/12/immigrants-should-not-break-out-cheetos.html.
You may want to just stick to caviar. Happy New Year!
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