Medical Marijuana use and upcoming medical exam

[Ontarkie 14,205]

~~One post removed for TOS Violation-, any further similar content will result in Admin action.- Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

[Level-With-Me 12]

On 1/29/2024 at 12:54 PM, Daphne . said:

 Yes, a way better option (preferably not smoke it, but use the oil) than socially acceptable morphine or other horrible prescribed medications for example! I assume you are not aware that it can be used for that purpose?

 

OP: how did he manage the pain when he was visiting you in the US? The reason I am asking is because they can try to challenge him on that, they might wonder why he didn't 'need' it in the US. I hope this all works out for you!

Sorry for the late reply. This whole issue has caused tons of stress and turmoil between us and we’re essentially at a standstill on scheduling medical until we know exactly how to go about this. 
 

Regarding how he handles it when he’s here, he suffers 😕 last time he visited he was down for the count for 2 days straight with a migraine, sleeping/vomiting/repeat. At night he tosses and turns as he can’t get comfortable with his shoulder and it causes me to lose sleep as well (told him a while ago when he moves here we’ll need to sleep in separate bedrooms 🤭). 
 

At the end of the day, my thoughts are: The US doesn’t recognize marijuana as a medicinal, it’s still federally illegal regardless of how it’s used. 

His thoughts are: I’ll just explain the situation, I’ve read the laws and they decide based on “good moral character”, everything will be fine. 
My thoughts (rebuttal): Moral character didn’t matter for the MANY people here on VJ who have been denied for admitting using it only 1 time many years ago! You have no idea about the world of hurt we’re about to be in 😕

 

[Lemonslice 4,822]

14 minutes ago, Level-With-Me said:

Sorry for the late reply. This whole issue has caused tons of stress and turmoil between us and we’re essentially at a standstill on scheduling medical until we know exactly how to go about this. 
 

Regarding how he handles it when he’s here, he suffers 😕 last time he visited he was down for the count for 2 days straight with a migraine, sleeping/vomiting/repeat. At night he tosses and turns as he can’t get comfortable with his shoulder and it causes me to lose sleep as well (told him a while ago when he moves here we’ll need to sleep in separate bedrooms 🤭). 
 

At the end of the day, my thoughts are: The US doesn’t recognize marijuana as a medicinal, it’s still federally illegal regardless of how it’s used. 

His thoughts are: I’ll just explain the situation, I’ve read the laws and they decide based on “good moral character”, everything will be fine. 
My thoughts (rebuttal): Moral character didn’t matter for the MANY people here on VJ who have been denied for admitting using it only 1 time many years ago! You have no idea about the world of hurt we’re about to be in 😕

 

Have you thought about moving to him, or a third country, were he could continue to use what works for him?  Chronic pain is no fun

Edited February 9 by Lemonslice

[Redro 4,611]

1 hour ago, Level-With-Me said:

Sorry for the late reply. This whole issue has caused tons of stress and turmoil between us and we’re essentially at a standstill on scheduling medical until we know exactly how to go about this. 
 

Regarding how he handles it when he’s here, he suffers 😕 last time he visited he was down for the count for 2 days straight with a migraine, sleeping/vomiting/repeat. At night he tosses and turns as he can’t get comfortable with his shoulder and it causes me to lose sleep as well (told him a while ago when he moves here we’ll need to sleep in separate bedrooms 🤭). 
 

At the end of the day, my thoughts are: The US doesn’t recognize marijuana as a medicinal, it’s still federally illegal regardless of how it’s used. 

His thoughts are: I’ll just explain the situation, I’ve read the laws and they decide based on “good moral character”, everything will be fine. 
My thoughts (rebuttal): Moral character didn’t matter for the MANY people here on VJ who have been denied for admitting using it only 1 time many years ago! You have no idea about the world of hurt we’re about to be in 😕

 

He needs a letter from his doctor explaining the issue. As much as he would like to advocate for himself, I highly recommend he gets the assistance of a third neutral party. You might also want to get a free consultation with a lawyer and see if they can help you figure out how to construct an argument. 

I would suggest Jim Hacking as he has a free call in show on youtube and he might give you some additional ideas with how to work through this problem. 

I am so sorry about how this is impacting your relationship and your journey. I really wish the two of you the best. 

[Level-With-Me 12]

1 hour ago, Redro said:

He needs a letter from his doctor explaining the issue. As much as he would like to advocate for himself, I highly recommend he gets the assistance of a third neutral party. You might also want to get a free consultation with a lawyer and see if they can help you figure out how to construct an argument. 

I would suggest Jim Hacking as he has a free call in show on youtube and he might give you some additional ideas with how to work through this problem. 

I am so sorry about how this is impacting your relationship and your journey. I really wish the two of you the best. 

Hi there, thanks so much for the helpful information. I saw that here on VJ there is actually an online chat available with immigration lawyers from JustAsk.com and I’m contemplating paying for the 1 week trial to get a few questions out there and then that way I can relay the transcript of our chat back to my fiancé to advise him on what NOT to do 🤦🏼‍♀️ 

 

I live in Michigan so I also reached out to a Detroit pro-bono immigration place and they gave me a ton of helpful resources. I definitely want to get over this hurdle, however it’s so scary knowing that he could walk into his medical and walk out with a denied visa. 
 

thank you again 

[Family 3,988]

No different between or recreational use. He will be given a one year ban. Link is to CDC guide for Panel Physicians

 

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/mental-health.html

Cannabis and CBD

According to Appendix C — Section 202 of the United States Controlled Substances Act, marijuana and all of its components and derivatives, including delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD) > 0.3%, are considered Schedule I controlled substances.  Schedule I controlled substances are considered by the United States Drug Enforcement Agency (DEA) to be drugs or substances with high potential for abuse and having no currently accepted medical use in the United States.

Because several state governments have legalized marijuana or some of its derivatives, including derivatives with > 0.3% THC, there has been great confusion as to the legality of the use of such products.  Local or online advertisements for CBD and/or other cannabis derivatives may be prominent at times, but the US Food and Drug Administration states it is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement.

Therefore, at this time, applicants who meet criteria for cannabis use disorder with the use of cannabis and/or any of its derivatives, including CBD or THC, are inadmissible and must be in sustained remission in order to be classified as Class B for travel clearance purposes.

[Family 3,988]

On 1/28/2024 at 2:43 PM, Crazy Cat said:

Please keep us updated.  As you already know, there are numerous cases where a history of MJ use, alone, has triggered a 1 year ban and monitoring.  Your experience will be a valuable addition to the VJ knowledgebase. 

@Crazy Cat most posts do not escalate your keen eyes and @Boilerkeeps up with London trends ..have you seen any changes in past year? 
 

I no longer get any meaningful search results , perhaps you or another member can link a recent post w “ medical marijuana “

search results on forum

 

 

[Family 3,988]

 I am beginning to think London may be lenient on “ medical use”  ,..so just book the appointment and face the issue head on.  
 

Worst case scenario, a delay that CAN be overcome.

 

But your fiancé has been aware for many months and was not able to switch to other meds..may indicate he is struggling. 

 

 

Q: Can current "legal" medical marijuana use affect a K1 visa beneficiary from being admissible into the US?

My fiancé currently resides in Jersey Island, UK. He has a legal prescription for medical marijuana. While he's been here visiting, he's NEVER used it and is aware of the ramifications - so he usually tries to get by with Aspercreme/NSAID's for his pain. However, I'm concerned for his future medical exam through the US embassy in London. If the physician sees he has a medical marijuana prescription, will he be found to be a risk or inadmissible for future entry into the US? Do they collect medical records? Should I advise my fiancé to just NOT tell the physician that he's taking medical marijuana, or would that make things worse? Lastly, will they perform a drug test to look for marijuana usage?  

Obviously, once he arrives here, he will no longer use it and we'll find a suitable alternative, as we're well aware that the process isn't over once he arrives here to marry.  

Any helpful advice would be greatly appreciated. Thank you!

Related Topics:

Immigration LawCannabis & Marijuana Law

 

2 Lawyer Answers

Gunda Yohanna Brost

Answered 9 months ago

A: Yes it can as it is still not considered legal for purposes of federal immigration law regardless of state laws. For the other questions they go beyond purposes of this forum and I’d advise a direct consultation with a reputable immigration attorney

 

 

https://answers.justia.com/question/2023/04/16/can-current-legal-medical-marijuana-use-957349

 

 

 

[Level-With-Me 12]

2 hours ago, Family said:

 I am beginning to think London may be lenient on “ medical use”  ,..so just book the appointment and face the issue head on.  
 

Worst case scenario, a delay that CAN be overcome.

 

But your fiancé has been aware for many months and was not able to switch to other meds..may indicate he is struggling. 

 

 

Q: Can current "legal" medical marijuana use affect a K1 visa beneficiary from being admissible into the US?

My fiancé currently resides in Jersey Island, UK. He has a legal prescription for medical marijuana. While he's been here visiting, he's NEVER used it and is aware of the ramifications - so he usually tries to get by with Aspercreme/NSAID's for his pain. However, I'm concerned for his future medical exam through the US embassy in London. If the physician sees he has a medical marijuana prescription, will he be found to be a risk or inadmissible for future entry into the US? Do they collect medical records? Should I advise my fiancé to just NOT tell the physician that he's taking medical marijuana, or would that make things worse? Lastly, will they perform a drug test to look for marijuana usage?  

Obviously, once he arrives here, he will no longer use it and we'll find a suitable alternative, as we're well aware that the process isn't over once he arrives here to marry.  

Any helpful advice would be greatly appreciated. Thank you!

Related Topics:

Immigration LawCannabis & Marijuana Law

 

2 Lawyer Answers

Gunda Yohanna Brost

Answered 9 months ago

A: Yes it can as it is still not considered legal for purposes of federal immigration law regardless of state laws. For the other questions they go beyond purposes of this forum and I’d advise a direct consultation with a reputable immigration attorney

 

 

https://answers.justia.com/question/2023/04/16/can-current-legal-medical-marijuana-use-957349

 

 

 

Hi, thanks for all your input, I appreciate everything! Yes - I’ve spent hours searching this forum and haven’t been able to find anything regarding medicinal use. My concern is that the London medical exam people are using doctors who must comply with the laws of the US and in the US, they still don’t recognize marijuana for medicinal purposes. 
 

Funnily enough, the thing you posted with the question to the lawyers was actually asked my me 😊 I did see their answers and they didn’t give me much hope. 

[j26 10]

On 2/9/2024 at 7:17 PM, Level-With-Me said:

Hi, thanks for all your input, I appreciate everything! Yes - I’ve spent hours searching this forum and haven’t been able to find anything regarding medicinal use. My concern is that the London medical exam people are using doctors who must comply with the laws of the US and in the US, they still don’t recognize marijuana for medicinal purposes. 
 

Funnily enough, the thing you posted with the question to the lawyers was actually asked my me 😊 I did see their answers and they didn’t give me much hope. 

Hi! Do you have an update at all? It would be interesting for VJ to see what's happened in this situation if you don't mind sharing of course!

[Level-With-Me 12]

UPDATE 8/14/24:

I’m not sure if this is the best way to update as I’m not able to edit the original post, but for anyone who stumbles along this post in the future, here’s what’s happened: 

My fiancé was advised by an immigration lawyer to check off “NO” on the questionnaire regarding drugs - the questioning was along the lines of “have you ever used any illegal drugs” and according to the lawyer - the answer was no because he was prescribed this by a doctor. He then handed in his medical records showing his prescribed marijuana usage along with a note from said doctor stating he is no longer using this medication and that he fully believes that my fiancé can move forward without using it and that he’s never gotten any indication  that my fiancé abused the medical marijuana. 
 

My fiancé then went to his medical in early April and the doctor seemed pretty good about it, but she said she wants him to have 3-4 random drug tests in the next 3 months to prove he’s no longer using. This prolonged our already long process, and because medical was in London, and he lives in Jersey, he had to then fly back and forth every time they called over the next 3 months - he had to book a ticket and fly there on 72 hour notice each time 😵‍💫 what a journey this truly has been! (For those wondering, Visa Medicals in London did give him the option to get drug tested in Jersey by any GP,  but he called nearly every GP / Hospital on the island and nobody offered drug testing 🤦🏼‍♀️ in fact, they acted confused everywhere he inquired about it)
 

He had 3 clean drug tests by the early July, and his interview was yesterday and it was very anticlimactic - all she said was “everything looks good, you’ll get a letter in a week or two”… didn’t tell him if he was approved or not.. but they kept his passport. So we are still very much on edge.. praying after all this time that something doesn’t crumble at the very end and he gets denied. 😔

 

Hopefully, all will be fine. But what everyone needs to know: be upfront about any medical marijuana usage /

and STOP USING IT as soon as you start the k1 process! Get any supporting docs from your doctor and prove to them that you are not an addict. 
 

Luckily, it sounds like the US will soon lower the drug classification on marijuana, so lots could change. But until then, stop using and be truthful! 

[Family 3,988]

20 minutes ago, Level-With-Me said:

UPDATE 8/14/24:

I’m not sure if this is the best way to update as I’m not able to edit the original post, but for anyone who stumbles along this post in the future, here’s what’s happened: 

My fiancé was advised by an immigration lawyer to check off “NO” on the questionnaire regarding drugs - the questioning was along the lines of “have you ever used any illegal drugs” and according to the lawyer - the answer was no because he was prescribed this by a doctor. He then handed in his medical records showing his prescribed marijuana usage along with a note from said doctor stating he is no longer using this medication and that he fully believes that my fiancé can move forward without using it and that he’s never gotten any indication  that my fiancé abused the medical marijuana. 
 

My fiancé then went to his medical in early April and the doctor seemed pretty good about it, but she said she wants him to have 3-4 random drug tests in the next 3 months to prove he’s no longer using. This prolonged our already long process, and because medical was in London, and he lives in Jersey, he had to then fly back and forth every time they called over the next 3 months - he had to book a ticket and fly there on 72 hour notice each time 😵‍💫 what a journey this truly has been! (For those wondering, Visa Medicals in London did give him the option to get drug tested in Jersey by any GP,  but he called nearly every GP / Hospital on the island and nobody offered drug testing 🤦🏼‍♀️ in fact, they acted confused everywhere he inquired about it)
 

He had 3 clean drug tests by the early July, and his interview was yesterday and it was very anticlimactic - all she said was “everything looks good, you’ll get a letter in a week or two”… didn’t tell him if he was approved or not.. but they kept his passport. So we are still very much on edge.. praying after all this time that something doesn’t crumble at the very end and he gets denied. 😔

 

Hopefully, all will be fine. But what everyone needs to know: be upfront about any medical marijuana usage /

and STOP USING IT as soon as you start the k1 process! Get any supporting docs from your doctor and prove to them that you are not an addict. 
 

Luckily, it sounds like the US will soon lower the drug classification on marijuana, so lots could change. But until then, stop using and be truthful! 

Looking good! Great update and perfect place in your original thread. 
The 3 months of random testing recommendation from panel physician is definitely new as standard guidelines were for a one year ban with scheduled testing. 
In the confidential space of attorney-client advice, they all say NO ..for sound legal reasons, as widely discussed in many immigration practice advisories. 
In public forums w mods and tos rules….its a delicate maneuver 😂. You included all the right details for anyone reading your post. 
 

Do come back to update.

[Boiler 45,427]

There is the criminal issue and the medical aspect, this is a medical and seems they just wanted to check he was no longer using.