Worried about naturalization

[Lemon23 400]

9 hours ago, cd37 said:

USCIS follows federal laws not WA laws. I always wonder that states who made this thing legal are unknowingly creating issues with immigrants. 

This is exactly my thought! about it. Good thing I never used Marijuana or even touch it LOL! Well people should think the consequences specially if they want to be US citizen.

Edited August 24, 2019 by Lemon23

[Highmystic 234]

15 hours ago, QueenOfBlades said:

But it’s not a crime to purchase it here. I’m aware it’s not at a federal level but it’s still legal to purchase it in the state of Washington. I haven’t committed any crimes and would never dream of breaking federal law. 

Different jurisdictions.  The 10th Amendment guarantees that States retain their rights, such as passing laws or not passing laws.  When dealing with the Federal Government, you step in to a different jurisdiction and a whole new set of laws.  There has been chatter the past couple of years about legalizing, to some extent, marijuana, and if they do that prior to your N-400 event, perhaps they won't ask that question.

[Lemonslice 4,852]

16 hours ago, QueenOfBlades said:

So I have a few things I’m worried about with my naturalization. Please note that I have several mental health disorders and disabilities so chronic anxiety is difficult for me.

 

I had my ROC interview in May 2017 with my ex husband. I was dating another woman at the same time that the husband was aware of and consented to. Our relationship was polyamorous. This wasn’t disclosed at the interview because it never came up and it wasn’t the case when we originally filed our paperwork. We weren’t separated at the time. We all moved in together and we decided to divorce in December 2017 which was finalized around July 2018. I married the other woman (also US citizen FWIW) in Jan 2019. I plan to file under the 5 year rule. My ex and I are still best friends and he’d be willing to interview with me to verify this if needed. The marriage ended for several reasons, not just because of the other relationship.

 

 

Also, my current wife has chronic pain and so I’ve bought her marijuana which helps ease her pain. I only realized recently that this can cause problems with citizenship. I’m in WA so it’s legal here but I’m aware it’s still not federally. I just wish I’d have known. I don’t know what to do about this and it’s freaking me out. 

If you're that worried, why not stay a permanent resident, instead of going for the citizenship?   Which benefits of citizenship are worth the trouble?  (It might be totally worth it, just questions to see if the risk is worth it to you...)

[Cathi 5,755]

15 hours ago, Ash. said:

Does your wife have a prescription or are you just buying it because you know it helps? I would heavily recommend ya'll trying to get on a more legal drug, as again, yes it's legal in your state but illegally federally which means for you in particular, it's illegal to even touch it.

I would go to the doctor and see what non-marijuana options there are for her pain.

It's one piece of advice that a lot of people don't understand is that if you are an immigrant, you should avoid EVERYTHING related to marijuana without question.

As a person with a medical cannabis card, I can say without a doubt, that doctors no longer prescribe anything(opioids) or other medications that help patients with severe, chronic pain. It isn't as easy as walking into a doctor's office and asking for pain meds, it just isn't possible. With new federal regulations on prescribing, doctors went to giving them out like candy to anyone and everyone for no good reason, to not prescribing them at all, preventing people who have used opioids safely and responsibly from getting any reasonable pain relief. The people who abuse(d) opioids and shopped around for drugs ruined it for responsible people. I have lupus, rheumatoid arthritis and Sjogren's Syndrome, 3 separate and distinct autoimmune diseases that come with severe chronic pain. Because of federal regulations that prevent any meaningful pain relief by prescription(which I used safely and responsibly for over 15 years through a pain management specialist), I had no choice but to obtain a medical cannabis card and purchase marijuana on the legal state level, and I'm not happy about it. Although cannabis does help to some extent with my pain, it is extremely expensive and because it is illegal in the federal level, health insurance does not cover it. Recreational cannabis is not legal in the state I reside.

 

So telling someone with severe chronic pain to just go to a doctor and ask for an alternative, is simply not an option.

[HRQX 4,145]

19 hours ago, QueenOfBlades said:

my current wife has chronic pain and so I’ve bought her marijuana which helps ease her pain. I only realized recently that this can cause problems with citizenship.

Marijuana is a broad term. E.g. if the item is classified as legal hemp, then it might not be a Schedule I substance per the 2018 Farm Bill.

[Nitas_man 3,100]

22 hours ago, QueenOfBlades said:

would never dream of breaking federal law. 

Purchase, transport, possession, use of MJ has been against federal law for decades.

 

This isn’t just an issue with immigrants.  9th circuit ruled that holding a marijuana card is cause to deny firearm purchase.  Guidelines were clarified by ATF in 2011.

 

If it’s a reason to lose what the supreme court ruled a constitutional right for USC’s I guess you can imagine how it would affect a citizenship decision.  Bad choice to have anything to do with that business, no matter the intention.  Good luck.

 

 

 

 

 

 

 

 

 

[Ontarkie 14,227]

8 hours ago, Cathi said:

As a person with a medical cannabis card, I can say without a doubt, that doctors no longer prescribe anything(opioids) or other medications that help patients with severe, chronic pain. It isn't as easy as walking into a doctor's office and asking for pain meds, it just isn't possible. With new federal regulations on prescribing, doctors went to giving them out like candy to anyone and everyone for no good reason, to not prescribing them at all, preventing people who have used opioids safely and responsibly from getting any reasonable pain relief. The people who abuse(d) opioids and shopped around for drugs ruined it for responsible people. I have lupus, rheumatoid arthritis and Sjogren's Syndrome, 3 separate and distinct autoimmune diseases that come with severe chronic pain. Because of federal regulations that prevent any meaningful pain relief by prescription(which I used safely and responsibly for over 15 years through a pain management specialist), I had no choice but to obtain a medical cannabis card and purchase marijuana on the legal state level, and I'm not happy about it. Although cannabis does help to some extent with my pain, it is extremely expensive and because it is illegal in the federal level, health insurance does not cover it. Recreational cannabis is not legal in the state I reside.

 

So telling someone with severe chronic pain to just go to a doctor and ask for an alternative, is simply not an option.

Sounds like your doctor is not doing his job. They cannot deny you pain medication for no reason other then to push cannabis. 

[SalishSea 17,836]

7 minutes ago, Ontarkie said:

They cannot deny you pain medication for no reason other then to push cannabis. 

That's not what is happening here.  The opiate crisis has created a massive overhaul to the prescribing of narcotics.  They are now given out very sparingly, unless someone has cancer.

[Cathi 5,755]

On 8/24/2019 at 7:52 PM, Ontarkie said:

Sounds like your doctor is not doing his job. They cannot deny you pain medication for no reason other then to push cannabis. 

Actually, they can. Doctors are under strict federal guidelines for prescribing opioids. For years my rheumatologist prescribed my meds and because of the new guidelines she stopped prescribing them. My PCP took over my pain management after consulting with my rheumatologist and then she, too, stopped prescribing them to everyone because of the strict regulations. She referred me to a pain management specialist who at first prescribed opioids, and last year, their entire practice stopped prescribing them and required patients sign a contract stating that they cannot take any opioids, marijuana(unless you have a card) or drink alcohol.The state requires all pain management specialists(and physicians who treat chronic pain) to do random drug and alcohol screenings 4 times a year and if you have any of the above mentioned substances in your urine, they dismiss you as a patient and under law, they are required to report you to the state. 

Perhaps in acute situations in a hospital setting they cannot deny pain meds, but in long term chronic pain patients, they without a doubt can and do deny opioids. They give you other options such as Motrin and other anti-inflammatories, but if that was all someone with severe chronic pain required to control their pain, they wouldn't be at a pain specialist to begin with. I belong to a chronic pain group that meets once a week, and all of us are in the same predicament. Not only patients from NH, but also Massachusetts( I live close to the state lin of NH/MA and we have people from both states who attend the meetings). The only difference between MA and NH, is now in MA, marijuana is legal for recreational use as of last year, so many people have given up their medical cannabis cards and pain management doctors and purchase it without having to be under the microscope of the government, plus they save a lot of money by doing so. With a medical cannabis card you have to obviously be under the care of a physician and you must go to several appointments a year and have urine tests all of which insurance does not pay a dime for, plus you also pay once a year to be recertified for your card. All of it is very expensive.

I do not miss opioids but I do miss the fact that insurance does not cover any of my treatment. Medical cannabis treatment costs a small fortune and most people cannot afford it. So in turn, may people suffer when they should not have to. It's a fact.

Edited August 26, 2019 by Cathi

[Ontarkie 14,227]

I deal with pain like you daily. I cannot work I can barely get out of bed but then again being in bed hurts too. But I do not want  derail this thread further, I did look into the new guidelines you mentioned. Sadly that is not what the guidelines say for doctors to do. 

[afrocraft 313]

On 8/23/2019 at 6:19 PM, geowrian said:

For #1, the honest answer is yes given that it is not legal at the federal level.

For #2, I would be inclined to say No, barring other details suggesting otherwise.

Why on earth would you answer "Yes" to #1? I'm usually a stickler for 'fessing up on applications, but this is one of those cases where a conflict in the possession laws allows for plausible deniability. Just say no.

 

And no: I'm not encouraging anyone to break the law.

[geowrian 22,337]

20 minutes ago, afrocraft said:

Why on earth would you answer "Yes" to #1? I'm usually a stickler for 'fessing up on applications, but this is one of those cases where a conflict in the possession laws allows for plausible deniability. Just say no.

 

And no: I'm not encouraging anyone to break the law.

Plausible deniability only applies when one doesn't know better. It's just denial if they know it's illegal federally and do it anyway.

[HRQX 4,145]

52 minutes ago, afrocraft said:

plausible deniability. Just say no.

On the topic of plausible deniability; since "marijuana" is a broad term and select few products are no longer Schedule I substances, IMO it isn't a clear "Yes" or "No" answer for that question.

[afrocraft 313]

10 minutes ago, geowrian said:

Plausible deniability only applies when one doesn't know better. It's just denial if they know it's illegal federally and do it anyway.

Unless you got away with murder or genocide, answering "Yes" to that broad question is (legally) silly. Should we all also declare every instance of driving over the speed limit for which we weren't caught? Because, you know, we all knew we were breaking the law. And that's just now my opinion; our current Supreme Court chief justice thinks it's a ludicrous question as well.

 

OP's case is just not that straightforward. First, for marijuana possession to be a (conditional) bar to naturalization, one must have had simple possession of more than 30g. Then you need a conviction or an admission of committing the main elements of criminal possession. And that word -- "admission" -- may sound like just saying you did it, but it's a loaded term legally (see Matter of K, Matter of J). In essence it must be a clear, open-eyed and unambiguous admission of wrongdoing. This case doesn't fit that standard.

 

OP should answer "No" on the application, but if specifically questioned at interview, she must provide full details of the incident(s). Let the gods of USCIS decide what to do then.

[geowrian 22,337]

I still have to disagree. The question is what it is, and the example cited by the chief justice is about non-material, minor offenses such as traffic citations. In short, if one were to have answered "yes", it would not have impacted the decision.

Applicants are not the ones who get to decide what is material or not.

In this particular case, answering yes may or may not impact the end result.

 

Also, some important words were missing from the 30g aspect: "single offense". The OP's case does not appear to be a one-time incident, as such that exemption as codified does not apply.

Quote

Violated any law of the United States, any State, or any foreign country relating to a controlled substance, provided that the violation was not a single offense for simple possession of 30 grams or less of marijuana;

There's also the aspect of transferring it to somebody else, which borders on other offenses (re: transportation and such).

In an extreme case, imagine it wasn't an IR, and imagine it wasn't given for free. (Fairly) Clearly that would be an issue. As to how those 2 factors matter, I'd have to defer to both federal and state laws as I am not certain myself.

Edited August 26, 2019 by geowrian