A cannabis software company is asking a U.S. judge to overturn a decision by immigration authorities that denied an employee a visa for allegedly “aiding and abetting activities related to violations of federal drug laws.”
This case, first reported by MJBizDaily, highlights the ongoing tension between state and federal marijuana laws, even as the current administration seeks to reschedule marijuana.
According to court documents filed in U.S. District Court in Northern California, Ameya Vinayak Pethe, an Indian national, applied for an H-1B visa to serve as the director of development operations for Treez, a software platform used by cannabis businesses.
Treez, based in the San Francisco Bay Area, had successfully obtained similar visas in the past, and Pethe’s visa was initially approved in January 2022. However, when the company sought to amend Pethe’s visa to allow him to work in Pennsylvania instead of Missouri, immigration authorities reversed their approval, citing federal drug laws. They argued that Treez’s software, used by state-licensed marijuana companies, involves activities that violate federal law.
Treez filed a lawsuit on Nov. 9, 2022, but the case remains unresolved. In recent filings, Treez’s attorneys claim immigration authorities have not provided documents explaining the change in their decision, despite a court order. A hearing for summary judgment is set for Oct. 24, with a tentative trial date on Nov. 13.
