Student presentation examines for federal marijuana rescheduling could impact immigration enforcement

March madness continues in my Marijuana Law, Policy & Reform seminar as students continue their "take over" of my class through presentations on the research topics of their choice. As noted many tmes before, before their presentations, students are expected to provide here some background on their topic and links to some readings or relevant materials. The second of our presentations taking place in class next week will be looking at how federal marijuana rescheduling could impact immigration enforcement. Here is how my student has described her topic along with background readings she has provided for classmates (and the rest of us):

On August 29, 2023, the Department of Health and Human Services released its recommendation to reschedule marijuana to a schedule III drug instead of its current standing as a schedule I drug.  The Department found that marijuana meets the three criteria for schedule III drugs: (1) it has less of a potential for abuse than schedule I and II drugs; (2) abuse of marijuana may lead to low or moderate physical dependence or high psychological dependence; and (3) it has a currently accepted medical use in the United States.  The Drug Enforcement Administration is currently investigating this recommendation and is expected to make a final decision of whether or not to reschedule by the November election.  While rescheduling would likely lead to greater medical access for U.S. citizens, it is unclear how it could affect immigration enforcement.

Currently, immigration law places harsh consequences on immigrants for marijuana activity.  Even in states where marijuana is decriminalized and or medically legalized, immigrants can be deported, found inadmissible, and barred from naturalization if they are caught possessing marijuana.  If marijuana is rescheduled, would immigration enforcement necessarily change?  Can immigrants still be found to have “moral turpitude” for involvement with marijuana once it is recognized the have medical legitimacy?  How may a second Biden versus Trump administration affect immigration enforcement after rescheduling?   My paper aims to discuss how the potential rescheduling may affect the disparate enforcement and consequences of marijuana criminalization on immigrants.

Some reading:

Congressional Research Service, Legal Sidebar, Legal Consequences of Rescheduling Marijuana, Jan. 2024

Marijuana Moment, DEA Tells Congress It Has ‘Final Authority’ On Marijuana, Regardless Of Health Agency’s Schedule III Recommendation, Jan 2024

Immigrant Legal Resource Center, Immigrants and Marijuana, May 2021

Washington Post, Trump vs. Biden on immigration: 12 charts comparing U.S. border security, Feb 2024

Politico, She Immigrated Legally. She Married a U.S. Citizen. But She Was Denied Citizenship for Working in Legal Cannabis, Dec 2023