S Folinsky

<sigh> This is the type of question I kind of dreaded in the course of a privileged <e.g. secret> consultation. And, as been noted, this is a public forum. Also, OP's question would make for an excellent law school examination question.

So, that said -- some very general comments.

When it comes to "material misrepresentation" and/or "fraud" [somewhat different concepts, which I will not discuss], the mis-statements must generally be made to a government official, e.g. a consular officer or a DHS agent. The mis-representation must be "willful" and "material." [Again, terms I will not discuss].

Now, drug usage comes up in two contexts. First, in the medical exam and the results thereof. Second, conviction of or admission of violating a law relating to controlled substances.

In regards the medical examination, the panel physician must determine whether or not the person is a drug abuser or addict. This is a medical, not a legal determination. By the way, in my own personal medical care, I am often asked questions to establish my own medical history. That usually involves a question about smoking. I always answer "no" or "never" even though I did try one cigarette when I was 12 years old. I don't think I am lying to my doctors. That information is irrelevant to my answer.

I am no way an expert on medical conditions, but I believe that trying one joint at age 15 would not support a finding of being a drug addict or abuser. [In fact, I would be more worried about alcohol consumption, but I digress].

In regards to "admission" of a criminal offense, the rules for an admission to a U.S. official is subject to strict rules. A simple statement of "I smoked weed" without more will not suffice. However, the strict procedures applicable to admissions to government officials do NOT apply to admissions to third parties, e.g. the doctor.

There is a published court of appeals case where a Filipino immigrant admitted to light marijuana use to the panel physician. The panel physician found he was not a drug abuser or addict. Immigrant visa issued. At the port of entry, the inspectors spotted the admission of MJ use in the medical report. He was denied admission for having admitted to a violation of Filipino law re MJ use. Exclusion was upheld. The court examined Filipino law on the subject. It also noted that although the US consular and immigration officials had not complied with the procedures for an "admission" of the offense, it was not necessary for the doctor to have complied with those rules.

OP notes his age. I have no idea on how the UK treats juvenile offenses. Also, the law of the District of Columbia may be applicable. I have no idea if the OP's situation would even be considered a criminal offense under either set of laws.

Again, I am NOT, repeat not, offering any advice. I am just laying out the background.

Noorah101

Thank you for your insight, Mr. F.

And on that note, thread closed, as the OP has enough answers to make an informed decision.

Rene
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