The New NY Marijuana Law 'MRTA' and What It Means for Immigrants

The new law in NY, called the Marijuana Regulation and Taxation Act (MRTA), has finally made recreational marijuana use legal in NY… with certain exceptions, of course. Read reporting about the new law here. But what about New Yorkers who aren’t yet U.S. citizens? Unfortunately, legalization of marijuana possession in NY does not wipe out immigration consequences for those living undocumented, with a green card or seeking to become a U.S. citizen.

Marijuana possession is still not legal under federal law and marijuana is still considered a controlled substance. That means that if you have a green card, or no immigration status at all, you still have to be worried about an arrest or a conviction for marijuana possession, because immigration law is federal. The new NY state law automatically expunges some old marijuana convictions, but this won’t help immigrant New Yorkers. If you have a conviction for marijuana possession in NY, you will need to get that conviction vacated through a separate process from expungement. You will need what’s called a vacatur under NYCPL 440.10(1)(k) or other post-conviction relief. More information is available here and here. What kind of marijuana conviction you have on your record will also affect your case; possession is treated differently from sale and intent to distribute, for instance.

Remember that you should never travel outside the U.S. if you have a marijuana (or other drug related) conviction on your record. A marijuana conviction could make you ineligible for a green card and could lead to denial of naturalization. Always speak to a knowledgeable immigration or criminal defense attorney about what convictions are on your record and how they affect the status you currently have or your future applications for immigration status or citizenship.