There are states in the U.S. where the use of cannabis (marijuana) is legal. Would this mean that international students can possess, distribute, sell or admit the use of cannabis at the port of entry (immigration at the airport)? In this blog post, I will share what international students should know about the legalization of adult-use cannabis in some states.
This blog post is heavily based on the presentation by Harris Beach Law firm.
Related blog post: BLM: Can international student protest?
Contents
- The use of marijuana and its consequences in the admissibility
- What international students should not do
The use of marijuana and its consuquences in the admissibility
It is important to understand that marijuana remains a Schedule I substance under the federal Controlled Substances Act. This means that your state may allow you to use cannabis (marijuana), however, it remains illegal to possess, distribute, sell or manufacture in the United States.
There’s another federal rule that international students should be aware of to understand the scope of legal/illegal activities regarding the use of cannabis- The Immigration and Nationality Act. Based on this rule, anyone who has been convicted of any crime related to this ‘controlled substance’ is inadmissible. When nonimmigrant-like an international student is to be found inadmissible, a CBP officer at the border may deny your entry to the U.S.
Usually, CBP officers would not ask you if you have used cannabis (marijuana) but they might if you seem to have some affiliation (like having cannabis-looking stickers on your laptop, wearing cannabis-related sweatshirts or jackets, etc.)
Additionally, the one-time rejection at the border due to the lie could result in “a lifetime bar” from the United States.
It is also important to note that lying to a CBP officer can result in a lifetime bar from the United States. An applicant who is found to have misrepresented himself for the purpose of gaining entry to the United States is guilty of immigration fraud and inadmissible on that basis.
With Marijuana Still Illegal in U.S., Personal Use or Involvement in Cannabis Industry Can Affect Entry at Border
According to the article by the immigration attorney, this may work differently for travelers from Canada where “the production and sale of the drug for recreational purposes” is legal. That being said, if you are coming to the U.S. to study, it is better to be safe than sorry.
Therefore, if you are an international student (including Canadian students who are coming to the U.S. to study), read through the following paragraph to check what you, as an international student, should not do.
What international students should do
- Do not have marijuana bumper stickers on your belongings
- Do not wear marijuana-related outfits when you cross the border
- Make sure you do not have a pot smell
- Remove any cannabis (marijuana) related posts on your social media, Linkedin, etc.
To reiterate, it is important for international students to not trigger CBP (U.S. Customs and Border Protection) officers to ask you marijuana-related questions. If an international student admits to the use of cannabis thinking ‘it should be OK,’ because the state where the university is located allows the use of marijuana, their admission to the U.S. can be rejected which can result in a lifetime ban.
In the same vein, international students should avoid any situation where they can engage in illegal activities while they are in the United States as student visa holders. Otherwise, their SEVIS records (Form I-20s) can be terminated and international students are subject to depart the country in a short time of period.
If you would like to learn more about important rules for international students, go to the F-1 visa page.
