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Marijuana Offenses Would No Longer Get Immigrants Deported Under New Congressional Bill

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The fourth highest-ranking Democrat in the House introduced a bill on Wednesday designed to protect immigrants from being deported or denied entry into the U.S. over low-level marijuana offenses.

Assistant Speaker Ben Ray Luján (D-NM) filed the Removing Marijuana from Deportable Offenses Act, which stipulates that “any offenses involving the use, possession, or distribution of marijuana shall not be considered as grounds of inadmissibility.”

It would further allow immigrants who’ve been denied a visa or deported due to cannabis offenses to reapply or have their visa reissued.

In a press release, Luján said that the legislation is necessary in order to combat what he described as the “despicable” weaponization of marijuana against immigrant communities by the Trump administration. According to Human Rights Watch, 34,000 immigrants were deported from 2007 to 2012 for cannabis possession.

“The federal government should not be wasting resources to wreak havoc on immigrant families when there are children held in border camps that are desperate for legal services, hygiene products, and basic humanitarian care,” he said. “Providing care for these children and families should be where the Trump administration devotes its funding – not working as a deportation force.”

“I’m proud to be fighting for this legislation to hold President Trump accountable and defend our immigrant communities from senseless and hateful policies,” he said.

The legislation is identical to a companion bill that Sen. Cory Booker (D-NJ) introduced in June.

“This Administration’s efforts to use marijuana possession as a tool for deportation is misguided and does not make our communities safer,” Booker said. “Limited law enforcement resources should not be wasted on deporting people for something two of the last three presidents have admitted to doing.”

Earlier this year, U.S. Citizenship and Immigration Services issued a memo stating that immigrants are ineligible for citizenship if they use marijuana or engage in cannabis-related activities, including employment in a state-legal cannabis business, because such activity is not consistent with “good moral character.”

So far, the House version has 21 cosponsors, including Reps. Earl Blumenauer (D-OR), Lou Correa (D-CA), Barbara Lee (D-CA), Jim McGovern (D-MA), Eric Swalwell (D-CA), Dina Titus (D-NV), Nydia Velázquez (D-NY), and Bonnie Watson Coleman (D-NJ).

“We’re the closest that we have ever been to ending marijuana prohibition across the United States; it’s vital that individuals and communities that continue to bear the brunt of prohibition do not get left behind—that includes noncitizens,” Queen Adesuyi, policy coordinator for Drug Policy Alliance, said. “Marijuana has been one of the leading causes for deportation, destroying the lives of countless individuals and families over a substance that is now the center of an industry bringing in billions in profits.”

FWD.us President Todd Schulte called the proposal “commonsense legislation that will help keep families together and ensure taxpayer dollars aren’t wasted on cruelly deporting individuals with low-level offenses.”

“The status quo of marijuana criminalization is irrational and discriminatory towards tens of thousands of otherwise law-abiding aspiring Americans who pose no safety risk to the United States,” NORML Political Director Justin Strekal said. “Public opinion and policy surrounding cannabis are rapidly shifting, which is why we must ensure that those who strive to achieve the American Dream are treated with dignity.”

Also this week, Luján became of cosponsor of separate far-reaching legislation to remove marijuana from the Controlled Substances Act and divert funds toward programs to begin repairing the damage of the war on drugs.

Read the text of Luján’s marijuana and immigration bill below:

Lujan marijuana bill by Marijuana Moment on Scribd

Key Congressional Chair Says Marijuana Banking Vote Will Happen Over Groups’ Objections

Photo courtesy of Philip Steffan.

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Kyle Jaeger is Marijuana Moment's Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

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