Have you ever smoked pot or marijuana?
Such a seemingly innocuous question may turn out to be a life changer, nay, even a dream killer, if asked by a stern-looking consular officer at the US Embassy in Manila.
Of course, the consul must be aware that the Philippines, like any other Western-influenced country in Asia, is not immune to substance abuse problems, especially among the young population.
In fact, so widespread and out-of-control was the “alleged” drug menace in the Philippines that a former President — a trigger-happy fellow — borrowed a page from the Killing Fields playbook to come up with a bloody antidote to the country’s drug problem.
Among the most trafficked controlled substances — in addition to cocaine, fentanyl, ecstasy and shabu — is marijuana, a rolled piece of dried leaves (“joint”) derived from a naturalplant called Cannabis.
To many Filipinos, especially among the males, trying a puff or two of “tsongki” or “damo” (Filipino for hemp or weed) is part of the rite of passage of rebellious teens out to conquer the world, along with taking a few paddle hits and thwacks to the body as juvenile frat boys.
While most outgrow their youthful dalliance with drugs, some are not able to shake off the habit and remain hooked through adulthood. Worse, a few resort to drug peddling to sustain their costly vice.
Unfortunately, even a single use or possession of marijuana can torpedo one’s American dream, if proven in court through a conviction, or even through a formal admission.
In fact, if the use or possession involves more than 30 grams of marijuana, an immigrant visa hopeful to America is doomed forever. No waiver is available, the passage of time notwithstanding.
However, if the visa applicant committed a single violation below the age of eighteen, the offense would not count as a disqualifying factor, provided that no drug selling or manufacturing was involved.
For adult offenders, a discretionary waiver is available under certain conditions: (a) the offense involved the use or possession of 30 grams or less of marijuana; (b) more than 15 years have elapsed since the offense was committed; (c) the waiver would not be contrary to the national welfare, safety, or security of the US; (d) the offender has already been rehabilitated; and (e) no drug trafficking or manufacturing was involved.
A waiver is also available if a visa denial would cause “extreme” hardship to a spouse, child, or parent of the applicant who is a US citizen or permanent resident.
Notably, even a casual public admission could spell trouble, as in the case of Prince Harry of the UK who admitted to having used marijuana (and other controlled substances) in his published memoir, Spare.
His voluntary admission triggered a lawsuit from a conservative US foundation for the release of information pertaining to his previous immigrant visa application – specifically his response to the question on an applicant’s prior drug use – engendering a misrepresentation issue.
The fact that a large swath of his royal ancestors’ former colonial subjects in America have already voted to defang the various marijuana state laws in the country proves to be inconsequential.
Could a confession of marijuana use zap a mighty royal’s American dream as well?
Perhaps… not.