Drug charge

[Back2back 1]

Looking for any help please.

 

I am the spouse of a U.S. citizen and our priority date is not for a few months. I am worried about the second stage of the process when it comes to criminal background. I have a charge from almost 30 years ago for a cap of oil and I did 40 hours community service for it. I am aware that an exemption is made for having under 30g of marijuana but because it was oil it stepped it up into a class B.

 

My question is, is this enough to get me denied and barred from the states and is there not even a chance of waiver? It seems pointless even continuing with the process and paying more money if the results will make me ineligible whichever way I turn.

 

Thanks for any input.

[Villanelle 4,122]

Im sorry Im not familiar with the terms you used (cap of oil?) But anyway- the exception is very cut and dry. There is only a waiver for 30 grams of marijuana. You were either convicted with that amount or less or you were convicted of something else. 

[Back2back 1]

5 minutes ago, Damara said:

Im sorry Im not familiar with the terms you used (cap of oil?) But anyway- the exception is very cut and dry. There is only a waiver for 30 grams of marijuana. You were either convicted with that amount or less or you were convicted of something else. 

Cap of oil: cannabis oil in a capsule (like a pill). Thanks.

[Longingfor 195]

4 minutes ago, Back2back said:

Cap of oil: cannabis oil in a capsule (like a pill). Thanks.

What was the exact charge levied on you. 

 

And i take it you are referring to hashish. It depends on country you are from and the laws of the country too. And aslo depended on the laws usa. How much you had and did it exceed the 30 grams. Although does the usa classify hashish and marijuana as they same or do they differentiate them. If they do then what is the exception for hashish.

 

You need to do some research.

[Back2back 1]

3 minutes ago, Longingfor said:

What was the exact charge levied on you. 

 

And i take it you are referring to hashish. It depends on country you are from and the laws of the country too. And aslo depended on the laws usa. How much you had and did it exceed the 30 grams. Although does the usa classify hashish and marijuana as they same or do they differentiate them. If they do then what is the exception for hashish.

 

You need to do some research.

Exactly, and I have no idea what they technically called it until I get my police record. I'm not even sure it would be hashish, its a liquid form which is poured into a pill capsule. Definitely not over 30 gram but its the class of it that concerns me. I'll continue researching but not really getting anywhere at present.

[Longingfor 195]

Just now, Back2back said:

Exactly, and I have no idea what they technically called it until I get my police record. I'm not even sure it would be hashish, its a liquid form which is poured into a pill capsule. Definitely not over 30 gram but its the class of it that concerns me. I'll continue researching but not really getting anywhere at present.

Hashish is the gum that is from marijuana and can be further broken down into liquid form. Persons is cold countries dip their cigarettes into it and smoke. It is has of a higher concentration. Some countries place higher scrutiny on it because it is highly potent.

[Back2back 1]

23 minutes ago, Longingfor said:

Hashish is the gum that is from marijuana and can be further broken down into liquid form. Persons is cold countries dip their cigarettes into it and smoke. It is has of a higher concentration. Some countries place higher scrutiny on it because it is highly potent.

Ok gotcha. Yes they burn it on tin foil here and smoke it. Its generally made with isopropyl alcohol so breaks down into liquid. 

[caliliving 606]

I know the usa takes drugs very very very seriously!!! even a little bit i know people that get banned. you would probably need a waiver and a good immigration lawyer. all you can do is keep going and if they deny and ask you for a waiver then get a lawyer to help you.  always tell the truth bc they have your record - it will come up! also remember, nothing in immigraiton is expunged! people make that mistake but even if it is expunged it will come up. 

[Villanelle 4,122]

The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. 

 

The term “marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

 

Any controlled substance is inadmissible with a waiver for 30g or marihuana.

So how many grams was your conviction for?

[Back2back 1]

1 hour ago, Damara said:

The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. 

 

The term “marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

 

Any controlled substance is inadmissible with a waiver for 30g or marihuana.

So how many grams was your conviction for?

Thanks. I have no idea what it weighed until I get a police report. Even then I'm really not sure they would've put a weight on it. It was such a small amount, from memory it was only half a pill capsule.

[Back2back 1]

So am I understanding this right? Oil doesn't come under the marijuana category? Does that mean I am not eligible for a waiver?

[caliliving 606]

5 minutes ago, Back2back said:

So am I understanding this right? Oil doesn't come under the marijuana category? Does that mean I am not eligible for a waiver?

i would say you are not eligible for a waiver but i am not 100% sure. i just know the USA is so crazy about convictions, even from like 40 years ago! i would call a competent lawyer or google it.

[Villanelle 4,122]

Resin is another word for oil. So if your charge is for less then 30g you will be able to get the waiver. You will probably want an attnys help to prepare the waiver. Continue the process, you will be told at the interview to file the waiver. 

[caliliving 606]

Just now, Damara said:

Resin is another word for oil. So if your charge is for less then 30g you will be able to get the waiver. You will probably want an attnys help to prepare the waiver. Continue the process, you will be told at the interview to file the waiver. 

yes agree! just go thru the process and they will give you a waiver to fill out.  then hire a lawyer who is competent doing drug waivers!!! i think you will be FINE but it will take time and not be a simple process. 

[Suss&Camm 2,213]

17 hours ago, Damara said:

Resin is another word for oil. So if your charge is for less then 30g you will be able to get the waiver. You will probably want an attnys help to prepare the waiver. Continue the process, you will be told at the interview to file the waiver. 

Resin is not another word for oil. You can make oil from resin (of all plants), but they are not the same thing. Resin needs to be extracted further to get an oil.