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Senate Measure Shields Immigrants From Deportation For Marijuana

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The U.S. Senate could soon vote on whether immigrants should be deported for marijuana activity that follows state laws.

As Congress considers proposals to address immigration policy and border security this week, Sen. Ron Wyden (D-OR) filed an amendment to shield people who use cannabis or work in the industry in legalized states from being deported or denied visas.

It reads:

SA 1983. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ___. PROHIBITION ON INADMISSIBILITY OR DEPORTATION OF
ALIENS WHO COMPLY WITH STATE LAW.

(a) Prohibition on Inadmissibility.–Section
212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(A)(i)(II)) is amended by inserting “other
than an act involving marijuana that is permitted under the
laws of a State or the law of an Indian tribe, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304), that has jurisdiction over
the Indian country, as defined in section 1151 of title 18,
United States Code, in which the act occurs” after
“802)),”.

(b) Prohibition on Deportation.–Section 237(a)(2)(B)(i) of
the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)(B)(i)) is amended by striking “marijuana,” and
inserting “marijuana or an offense involving marijuana that
is permitted under the laws of a State or the law of an
Indian tribe, as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304),
that has jurisdiction over the Indian country, as defined in
section 1151 of title 18, United States Code, in which the
offense occurs”.

Under current law, immigrants “who at any time after admission” are convicted of a violating any state, federal, or foreign drug law, “other than a single offense involving possession for one’s own use of 30 grams or less of marijuana,” are considered deportable. Those committing certain drug crimes are also ineligible to receive visas or be admitted to the U.S.

Wyden’s amendment would provide exemptions for people who handle marijuana in accordance with state laws.

It is unknown when or if the proposal will receive a vote on the floor.

Photo courtesy of JD Lasica.

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Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy.

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