Running a state-legal marijuana dispensary is grounds to deny a legal resident’s application for U.S. citizenship, a federal appellate court ruled earlier this month.
The 9th Circuit Court of Appeals concluded that Maria Elena Reimers’ application for naturalization could be denied because she operates a licensed marijuana business in Washington state. While her business is legal under Washington law, marijuana remains illegal under the federal Controlled Substances Act (CSA).
The court affirmed that violating the CSA “categorically precludes her from qualifying for naturalization” since it demonstrates a lack of “good moral character.” The ruling rejected Reimers’ claim that she is treated differently than marijuana business owners who are U.S. citizens. Washington has licensed almost 500 marijuana dispensaries since legalizing recreational sales in 2012.
Reimers has no criminal record, yet in a letter announcing the denial of her naturalization application, U.S. Citizenship and Immigration Services (USCIS) described her as an “illicit trafficker of a controlled substance.”
“We have a legal business and pay taxes, tons of taxes to the government. And yet they say I’m not morally fit to be a citizen,” Reimers tells Reason.
Reimers immigrated legally to the U.S. from El Salvador in 2004 with her now-husband Rick, who was born in the United States. Rick started Cannarail Station, a recreational dispensary in Ephrata, Washington, in 2014. Reimers submitted her naturalization application in May 2017, fully disclosing her involvement with the business.
After her initial interview in August 2017, Reimers says she passed the naturalization test and was scheduled for an oath ceremony. Then USCIS changed her application to pending. In June 2018, she appeared for a second interview, where immigration officers extensively questioned her about the business. Reimers testified honestly that she was a co-owner and employee of Cannarail Station.
In July 2018, Reimers received a denial letter from USCIS. In May 2019 she had an appeal hearing with USCIS, but a year later they reaffirmed the decision. Reimers filed a complaint in the U.S. District Court for the Eastern District of Washington in December 2020, which granted summary judgment to USCIS in February 2022 solely on the basis of her marijuana business. She appealed the decision to the 9th Circuit, which heard the case in April 2023.
Her attorney, Alycia Moss, tells Reason, “She’s qualified in every other way. The only denial reason was based on lack of ‘good moral character.'”
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