Green Card's & cannabis business

[Marauder777]

What is the name of your state (only U.S. law)? Washington

Hello!

I'm a natural born U.S.citizen and am considering going into business within the cannabis industry. My significant other, however, is a green card holder and we would like to know how this might affect her status now and in the future.

The current plan is to organize as an LLC under my name only - she will not be participating in the business in any way other than to know it exists.

What considerations should be made in order to protect her status? Assuming it does not directly affect green card status, would it potentially affect future citizenship? Does this change if we are married?

Thank you.

 

[FlyingRon]

You'll have to explain what you mean by this "business." While the state has decriminalized personal possession/use of small amounts, it has NOT legalized cultivation and distribution. In addition, any amount is still 100% ILLEGAL federally.

The naturalization paperwork is quite detailed about crimes for which you haven't been arrested for. Perjuring her citizenship application is not a good idea.

I would suggest you speak very carefully to an immigration lawyer as well as a criminal attorney before embarking on this activity.

 

[Marauder777]

Hi Ron, thank you for replying.

Washington state has legalized the recreational marijuana industry to operate under the permits issued by the Washington Liquor Control Board per Initiative 502. It is not just decriminalized, but legal and fully regulated similar to alcohol. This includes production, processing, and retailing. Retail stores started opening up around July last year. Colorado, Alaska, Oregon, and Washington D.C. have also legalized the industry under their own laws.

It is understood that cannabis is still classified as a Schedule 1 controlled substance per federal law, and even though guidance has been issued that the federal government will not intervene with state laws on this matter, it is also understood that this is merely guidance and can be ignored should the feds choose to change their mind. That being said, I understand the risks to ME in regards to operating a business within the cannabis industry.

What I do not understand, however, is what risk this might place on my significant other. Any insight would be appreciated, as well as any recommendations for an attorney in the greater Seattle area.

 

[PaulMass]

If the Federal government has "reason to believe" that she is involved in drug trafficking, she may be deemed inadmissible, meaning if she ever leaves the country, she may not be let back in.

If she's convicted of conspiracy to traffic, she'll be deported.

 

[FlyingRon]

Citizenship is a federal thing. The fact that feds aren't busting people in states where marijuana is legalized doesn't mean it's NOT ILLEGAL and naturalization is an entirely FEDERAL thing.

We can't make lawyer recommendations in the forums...there are places elsewhere on this site, or you can contact your local county bar association to see if they have a referral program or at least a list of lawyers in your area by specialty.

I would keep your wife away from ANY marijuana and any involvement with any aspect of the business, at least until she is naturalized.

 

[Proserpina]

What is the name of your state (only U.S. law)? Washington

Hello!

I'm a natural born U.S.citizen and am considering going into business within the cannabis industry. My significant other, however, is a green card holder and we would like to know how this might affect her status now and in the future.

The current plan is to organize as an LLC under my name only - she will not be participating in the business in any way other than to know it exists.

What considerations should be made in order to protect her status? Assuming it does not directly affect green card status, would it potentially affect future citizenship? Does this change if we are married?

Thank you.

While it's legal in WA according to state law, it's still a Federal offense. Now, while the current administration has announced that such offenses won't be enforced in WA or CO, this still doesn't prevent the Feds from coming along - if they feel it's necessary - and creating all manner of havoc.

I agree with the other posters; the safest thing by far is to avoid the issue in the first place. Just because there are more pot shops in Whatcom County than there are McDonald's restaurants doesn't mean that all bets are off.

(Yes, I questioned that, too. It's accurate)