Cannabis production conviction for ms

Travel Forums Central/South America & The Caribbean Cannabis production conviction for ms

Last Post This thread is marked as being about USA
1. Posted by Mswarrior (Budding Member 2 posts) 7w Star this if you like it!

Can someone advise I have had ms for 16 years
I have been convicted for cannabis production twice prior to legalisation but no prison sentence as for personal medical use
I currently have a community discharge tgst due to end in March looking to travel June
I have been to states before prior to this but unsure if visa will be declined even tho it’s medicsl use? Will the discharge show if I did visa now?

2. Posted by AndyF (Moderator 1375 posts) 7w Star this if you like it!

It's pretty hard to decipher your post. What's your nationality and country of residence? And can you confirm you're talking about the USA, as you've marked the post as being about South America? What is a "community discharge tgst"?

Have you previously travelled to the USA on an ESTA or was it a visa? And can you explain when those visits were in relation to your convictions? As previously lying on an ESTA application may have a bearing on a new visa application.

3. Posted by Mswarrior (Budding Member 2 posts) 7w Star this if you like it!

I’m in the UK travelling to central USA no have not previously lied visit to Florida was prior and a community discharge means I had no penalty the conviction is discharged after not being in trouble with the law within 12 months obviously as stated it was for medical use due to ms which it is now legal for

4. Posted by leics2 (Respected Member 540 posts) 7w 1 Star this if you like it!

1. You say your conviction has been discharged. The official site makes it very clear that the US does not recognise any 'discharge' of convictions:

>The Rehabilitation of Offenders Act does not apply to US visa law and spent convictions,regardless of when they occurred will have a bearing on a traveler’s eligibility for admission into the United States. (my bold)

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

As your convictions relate to drug production and use you are not eligible for an ESTA. Unless you choose to lie on the application (potentially a criminal offence under US law) you will need to apply for a visa. The officer who interviews you will decide whether to grant you a visa on the day, to recommend you for a 'waiver of ineligibility' or to decline your application. No-one here or anywhere else can tell you what that decision will be: it depends on all your personal circumstances. My own opinion, given that you have twice been convicted and your last offence is quite recent, is that the officer is unlikely to grant you a visa on the day. Processing waivers of ineligibility via the London Embassy takes 6-8 months. Processing via Belfast is a bit quicker.

2. > it was for medical use due to ms which it is now legal for

That is not the case. Cannabis production and use is still illegal in the UK even if it's for personal medicinal purposes. The recent change in the law only allows doctors to prescribe cannabis-based medicines (and certainly not cannabis itself).

[ Edit: Edited on 30-Dec-2018, at 13:13 by leics2 ]