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this post was submitted on 04 Jan 2024
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I mean, what did she expect? Marijuana is still schedule 1 under the US Controlled Substances Act, and it's a federal crime, regardless of whether or not a state legalized it. This is a known problem for anyone in the marijuana business; they often have serious problems with banking because they're "drug traffickers" under federal law. Anyone that's tried to buy a gun in the last few years has seen that on form 4473, 21.e: "Are you an unlawful user of, or addicted to, marijuana [emphasis added] or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state where you reside."
This is a known issue. Anyone that works in a state-legal marijuana business would have to be intentionally ignorant to not know that it's still a federal crime, and that it's still prosecuted at a federal level. So why would someone ever think that they're going to be able to be obtain citizenship when they work in a business that makes them a federal felon?
Obviously the Controlled Substances Act needs to be repealed or amended, but it until it is, maybe don't do shit like this if you aren't a citizen and want to be?
It's one of those when you think about it after the fact you guess that can make sense. But when you get the job, give them your SSN, and pay federal income tax on your wage, yeah you might not think boy this is a felony and will prevent me from getting citizenship.
This wasn't a case of her 'getting a job'; she and her husband literally started the business. There's no fucking way you can reasonably start and run a marijuana business and not know that it's still federally illegal. There's no reasonable way to plead ignorance on this.
Oh so I can add: Applying for and getting a business license that says you can legally operate this business.
So back to: One of those things you think about after the fact, that one branch of govt says yes but a different branch of govt (which didn't say no, they just didn't say anything) might think hey that's felony and will prevent you from getting citizenship. Actually multiple branches of govt said yes, local says where you can operate stores, state says you can operate that business, etc.
If you don't understand the core nature of the business you yourself are starting, then you shouldn't be starting that business. That business license was probably granted by the state, not the federal government. And just because the state didn't say, "hey, you might want to think this through" doesn't mean she shouldn't think things through.
I guarantee you she knew what the federal laws were in a rough sense and likely knew EXACTLY what the federal laws were. One of the most common questions customers are going to ask employees of a legal weed place is whether this is legal.
There's just such a huge difference between getting a job in an industry and starting a business in an industry. She probably had to build a business plan to get a loan to start the company, and that is when she should have been researching the legalities of what she was doing. She probably had to consult a tax attorney to get her company's books in order, and that is another time when she should have been asking about federal legality.
Nor do you expect that operating a lawful business might affect immigration process
If you're not thinking about how your job will affect your citizenship application...I don't know what to say.
When you give your SSN and start paying federal income tax you sure think it's on the up and up.
You have to pay income tax even if your income is illegal, that's how they got Capone.
Yeah but you obviously think this is legal, and your company is automatically deducting from your paycheck.
Maybe the system is different here in Canada, but whenever I've spoken to anyone who is in the Immigration system, they are hyper focused on how their occupation will look on their application. Many people delay becoming self-employed for the appearance of stability, others attempt to work in jobs that make them look like upstanding citizens such as public service or charity, etc.
Opening her own business in a "legally grey" industry just seems like asking for trouble.
On your note of paying income tax, even criminal activity is supposed to be taxed. That's famously how they caught Capone! Just because you're not committing tax evasion doesn't mean you're on the up and up!
Hey we're hiring: Business analyst, accountant, IT support, operational manager, etc, etc. All good jobs that look good. Oh it's at company X that...
Just told this to someone else: Yeah but you obviously think this is legal, and your company is automatically deducting from your paycheck.
See my prior reply. That's not the way it went down. She was the business owner.
"I didn't think the leopards would eat my face!"
Oh we playing that game? See my prior reply too. Cheers.
This was ruled unconstitutional ~~earlier this year~~ last year ( https://www.reuters.com/legal/drug-user-cannot-be-barred-owning-guns-us-court-rules-2023-08-10/ )
I believe that case is being appealed. But it's still not clear that this will be a binding precedent, given that one of the charges against Hunter Biden is that he bought a gun (which he then disposed of very badly) while he was a drug addict. (And if the prosecutor doesn't drop those charges, it will put Hunter's legal team in the unenviable position of legally challenging his father's political policy.)
But, even so, it's still on form 4473, so seeing that should at least make anyone involved in marijuana business at any level pause for a second.
Again: I'm not saying that I think that it's right that marijuana is schedule 1. I absolutely support decriminalization of marijuana. But that's still current federal law, and you aren't going to get citizenship if you're knowingly committing federal felonies.