Non-citizens can be deported for pot use

Federal visas override state marijuana law

• CHARLES ASHBY

Legal residents in the United States need to be aware that they can still face deportation if they possess, grow, sell or consume marijuana, even in states such as Colorado where it is legal to do so.

Those laws, however, only protect citizens of the states that have legalized medical or retail marijuana.

Because of a recent increase in the number of legal residents who were deported after being convicted of a marijuana crime, two groups — Servicios de la Raza and the Marijuana Industry Group — have joined forces to instruct legal residents of the pits and perils of not following the law.

Together, they have produced an instructional video to help explain to non-citizens — including those married to citizens for less than two years — that while certain states have legalized pot use, it's still a federal crime.

And because their visas come from the federal government, they can be deported if caught possessing or using marijuana.

"We work on the ground, in the community and have seen firsthand the positive effects of marijuana tax dollars on community programs, and marijuana creating job opportunities and helping people get off of opioids," said Rudy Gonzales, la Raza executive director.

"When we started hearing about legal-permanent residents and other immigrants being deported for using marijuana, or for having images of marijuana on social media or cellphones, we ... realized that most people living in Colorado or other states where marijuana is legal do not know the difference between state and federal laws."

Gonzales said federal law enforcement agents have started a new tactic of checking the cell- phones and social media posts of non-citizens for evidence of marijuana use.

Last year, Immigration and Customs Enforcement deported more than 240,000 undocumented immigrants. Not all of these are related to cannabis use, but possession, confession or use of even small amounts of pot can result in detainment or deportation.

"The legal and licensed businesses in the cannabis industry are part of the communities in which they operate," Kristi Kelly, executive director of the group said. "To the extent there is a gap in that education, particularly one of such significant human consequence, we have a responsibility to address it. We wanted to educate them about the laws and minimize accidental deportation."