Legal Question in Immigration Law in California

Can a California DREAMer apply for a Medical Marijuana Card in California without legal repercussions from the Federal Government?

While medical marijuana is a legitimate and legal health service in the state of California, it is still criminal under federal law. If an individual without legal presence in the United States but protected under Deferred Action were to apply for a medical marijuana card, would this affect the individual's eligibility for renewal of Deferred Action or the possibility for future citizenship?

Under Deferred Action, an individual is eligible for Driver's License and legal Identification and application for work. Assume the individual has a social security number approved for work only by the DHS and an I-766 form. Assume the individual has no prior criminal record and has lived in the country since before the age of 16. Assume the individual has applied for health insurance under Medicaid or another insurance policy offered by Covered California.


Asked on 4/25/14, 7:42 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

For a long as marijuana use is criminalized you will be placing yourself in a jeopardy with the federal government, including being refused discretionary relief if and when it becomes available.

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Answered on 4/25/14, 9:20 pm


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