The recreational use of cannabis, also known as marijuana, has gained significant traction in the U.S. over the last 20 years. As of now, 18 states and Washington, D.C. have legalized cannabis for recreational use, and 37 states allow it for medical purposes. Despite this growing trend, cannabis remains illegal under federal law and is classified as a Schedule I drug under the Controlled Substances Act (CSA). This has serious implications for individuals involved in the cannabis industry, including those seeking immigration benefits.
Here’s what you need to know about how cannabis use, sales, or investments can impact your immigration case.
Federal vs. State Cannabis Laws
Even if cannabis is legal in your state for medical or recreational use, it is still considered illegal at the federal level. This creates a significant issue for noncitizens living in the U.S. or applying for U.S. immigration benefits. Federal immigration laws are tied to the Controlled Substances Act, which makes it a crime to possess, sell, distribute, or grow cannabis, regardless of whether it’s allowed in your state.
The Consequences of Cannabis Use or Involvement
If you are found to have used, sold, or been involved in any cannabis-related activities, it could have severe immigration consequences. Here are some of the key issues:
- Inadmissibility and Deportability:
A noncitizen who admits to using, selling, or possessing cannabis can face inadmissibility to the U.S. This means they can be denied entry or denied a green card. In some cases, even someone already holding a green card (lawful permanent resident status) may be deported if they are convicted of a cannabis-related offense. There are some exceptions for possession of small amounts (30 grams or less) for personal use, but these exceptions don’t apply in all cases, especially if you leave the U.S. and try to re-enter. - Employment in the Cannabis Industry:
Working in the cannabis industry—whether as a cultivator, seller, or other position—can harm your chances of gaining permanent residence or citizenship. This includes jobs in dispensaries, recreational cannabis stores, and marijuana production facilities. The broad wording of the trafficking laws means that even employees in the industry can be seen as aiding or abetting in illegal activity under federal law, which can impact their immigration status. - Income from Cannabis Businesses:
If you are a U.S. citizen or permanent resident and wish to sponsor family members for immigration, your income from a cannabis-related business will not qualify as lawful income. The Affidavit of Support (Forms I-134 and I-864) requires income to be legally obtained. Therefore, even if you earn a substantial income from working in the cannabis industry, it won’t count toward the financial requirements for sponsoring family members for a visa or green card. - Investing in the Cannabis Industry:
Investing in cannabis businesses can also create problems for lawful permanent residents (LPRs), as the law treats any involvement or financial support of cannabis businesses as aiding in illegal trafficking. While LPRs are allowed to invest in other U.S. businesses, investing in cannabis is a violation of federal law and can lead to deportation or issues with immigration applications.
The Risks During the Citizenship Process
Even in states where cannabis is legal, immigrants seeking citizenship may face challenges. For example, immigration officers often question applicants about cannabis use during the good moral character period—the 5 years leading up to a citizenship application. If you admit to using or possessing cannabis during this period, immigration officers may make you sign an affidavit that prevents you from becoming a citizen for an additional five years.
How to Navigate Cannabis Laws and Immigration
Given the severe immigration consequences tied to cannabis use, employment, or investment, immigration attorneys strongly advise noncitizens to avoid cannabis until they have obtained U.S. citizenship. A seemingly small mistake could lead to long-lasting consequences.
If you have ever used cannabis or worked in the cannabis industry, or if you are unsure about how these laws might affect you, it’s important to consult with an immigration attorney before traveling outside the U.S., filing immigration applications, or speaking with immigration officers.
Cannabis-related activities, even if legal in your state, can create significant hurdles when it comes to U.S. immigration. To ensure that you fully understand how cannabis laws could affect your status or application, reach out to a qualified immigration professional before taking any steps forward.
