Utica, MI asked in Immigration Law and Cannabis & Marijuana Law

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!

2 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
  • Immigration Law Lawyer
  • Cedar Falls, IA

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

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Under current U.S. federal law, marijuana is still classified as a Schedule I controlled substance, regardless of whether it is used for medical purposes or not. While some states have legalized marijuana for medical or recreational use, it is still illegal under federal law. When applying for a K1 visa, the beneficiary will be required to undergo a medical examination as part of the process, and any drug use or medical condition that could be considered a threat to public health or safety could result in the visa being denied. It is important to note that the medical examination is conducted by a U.S. government-approved physician, and they are bound by strict confidentiality rules. However, it is possible that they may ask about any medical conditions or medications during the exam. It is up to the applicant to disclose any relevant medical information truthfully. If the physician determines that the use of medical marijuana poses a threat to public health or safety, it could result in the visa being denied. As always, it is best to consult with an immigration attorney who can provide personalized guidance based on your specific situation.

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