Possession of marijuana in USA.

[tharigopla]

Hi All,

I am an H1B visa holder currently working in the United States for more than 4 years. Couple months ago I was returning back from San Diego, California, where marijuana is legal, after taking the IELTS exam. On my way back I bought some marijuana for personal use and was caught by the Arizona cops. I have a court case pending and I am also planning to apply for PR through express entry. I am not planning to flee the country or something like that. I will stay back sort this out and later pursue my immigration process into Canada. I am pretty sure this will show up in the police reports which I will submit for the express entry process. Should I be worried or do I have to hire a canadian immigration attorney to guide me through the immigration process?

Thanks in advance.

 

[scylla]

Hi All,

I am an H1B visa holder currently working in the United States for more than 4 years. Couple months ago I was returning back from San Diego, California, where marijuana is legal, after taking the IELTS exam. On my way back I bought some marijuana for personal use and was caught by the Arizona cops. I have a court case pending and I am also planning to apply for PR through express entry. I am not planning to flee the country or something like that. I will stay back sort this out and later pursue my immigration process into Canada. I am pretty sure this will show up in the police reports which I will submit for the express entry process. Should I be worried or do I have to hire a canadian immigration attorney to guide me through the immigration process?

Thanks in advance.

You cannot be approved for PR with charges pending - your application will be refused. You want to focus on getting the charges dropped - do whatever it takes to make this happen (e.g. hire the best lawyer). If you end up being convicted, that may make you inadmissible to Canada and result in a five year wait before you can apply for rehabilitation and be able to enter Canada.

EDIT: Depending on the charge, you may also be facing a lifetime ban from the US. Getting the charges dropped is really important (if at all possible). Good luck.

 

[tharigopla]

Thanks for the information.
Even if the charge is for personal possession of marijuana of less than 30 grams makes me inadmissible?

 

[meyakanor]

You need to find the corresponding Canadian law to your charge/conviction to see whether you are inadmissible.

If the offence is a summary offence (and you have NO OTHER offence), then you might not be inadmissible, and you should be able to apply without any rehabilitation (though you still have to disclose it).

 

[yourfather]

Thanks for the information.
Even if the charge is for personal possession of marijuana of less than 30 grams makes me inadmissible?

Its not the amount of substance that matters coz Canada has legalized it for personal use. Its the act of breaking the law in AZ that matters, this may be a class 5 misdemeanor if convicted.

So as someone mentioned above, just focus on getting the charges dropped for now and pursue the rest latter. Wishing you all the best.

 

[tharigopla]

Thanks for your replies friends. One stupid mistake is changing my whole life.

 

[tharigopla]

Hi Folks,

The prosecutor has agreed to dismiss the case.
1. For canadian immigration purposes should I have to request anything to be put on court documents to support my case. 2. Also, the police have wrongly assessed the amount of marijuana I possessed which is more than 30 grams but I have the original purchase receipt to prove that it is less than 30 grams.
3. Will there be any issue with a vape cartridge and gummies I was possessing at that time.

 

[thisworks]

Hi Folks,

The prosecutor has agreed to dismiss the case.

congratulations. it's real silly that what is legal in one state is illegal in the neighbouring state.