For millions of people living in the United States, buying cannabis can be as simple as walking into a licensed store. In many states, marijuana is legal for recreational or medical use and is sold openly through regulated businesses.
Yet for non-U.S. citizens residing in the country, the consequences of cannabis use can be severe. Despite the fact that most Americans now live in states where recreational marijuana is legal, the Controlled Substances Act (CSA) still classifies marijuana as a Schedule I drug under federal law. This contradiction between federal and state laws can be confusing, particularly for immigrants. However, when it comes to immigration matters, federal law prevails over state legalization.
Because of this, it is crucial for non-U.S. citizens to understand the legal implications of using marijuana or being associated with it. Between 2002 and 2020, the U.S. government deported over 47,000 people for marijuana-related offenses, making cannabis the second most common drug involved in deportation cases, accounting for 35% of such offenses (Human Rights Watch).
The U.S. Citizenship and Immigration Services (USCIS) requires applicants for naturalization to demonstrate “Good Moral Character” (GMC). Marijuana use is considered a controlled substance violation, which may create a conditional bar to establishing GMC. According to the USCIS Policy Manual, “certain conduct involving marijuana, which is in violation of the CSA, continues to constitute a conditional bar to GMC for naturalization eligibility, even where such activity is not a criminal offense under state law.”
Importantly, immigration consequences are not limited to criminal convictions or formal admissions. In some cases, immigration officials may deny benefits if applicants cannot demonstrate that they did not commit a marijuana-related offense. This is particularly significant for non-U.S. citizens because even indirect involvement with cannabis —such as working in the industry— can raise concerns during immigration proceedings. If a USCIS officer suspects that an individual has been involved with marijuana, the applicant might bear the burden of proving they did not violate the CSA.
Legal advocates, therefore, recommend that non-citizens exercise caution. The Immigrant Legal Resource Center advises that non-U.S. citizens avoid carrying medical marijuana cards or marijuana-themed items and remove cannabis-related texts, photos, or posts from their phones and social media.
Real cases illustrate the potential consequences of failing to understand these risks. Oswaldo Barrientos, a lawful permanent resident since the age of 13, was denied U.S. citizenship due to his employment with a state-licensed company that grows marijuana (Human Rights Watch). His case demonstrates that even working legally within the cannabis industry —without personally using marijuana— can create barriers to citizenship.
For individuals holding non-immigrant visas, the risks can be even more immediate. Admitting to marijuana use, or being found to have used cannabis, can lead to visa revocation by the U.S. Department of State (Rowley, 2025). Even past use in states where marijuana is legal may affect eligibility for future visas.
Green card holders also face significant risks. In some circumstances, a single marijuana-related offense may lead to deportation. While U.S. law includes a limited exception for possession of 30 grams or fewer for personal use, immigration consequences may still arise. Border officers, for example, may deny lawful permanent residents re-entry into the United States if they discover evidence of past or current marijuana use.
For Natalie Burke, even a pardon from the Governor of Arizona for a marijuana-related offense she committed over 20 years ago was not enough for immigration authorities. Natalie has lived in the U.S. since she was 2 years old, and despite the pardon, Immigration and Customs Enforcement (ICE) is still trying to deport her as she continues to pursue new legal arguments. Natalie’s story is not unique: “the features of her case are routine – a longstanding US resident with a drug offense on their record subjected to years of litigation, prolonged detention, and the constant threat of deportation and a bar on ever returning to the US” (Human Rights Watch).
A renewed push to reclassify marijuana, as seen in President Donald Trump’s 2025 Executive Order to encourage federal agencies to move cannabis to Schedule III, has led to questions over the implications of reclassification. Even once the rescheduling takes effect, it is unlikely to impact immigration policy. The federal marijuana prohibition will still be in effect, and therefore, non-citizens will still be vulnerable to harsh consequences for marijuana use.
Given the current landscape of immigration enforcement, non-U.S. citizens must be hyperaware of the laws governing their legal status in the country. The U.S. government makes it very explicit that obtaining a visa or green card is a privilege, not a right. As long as cannabis remains illegal under federal law, cannabis-related conduct may still lead to serious immigration consequences, including barriers to establishing Good Moral Character, denial of immigration benefits, detention, or deportation.
In light of these risks, non-U.S. citizens should carefully avoid any association with cannabis or its use it until after naturalization.
Sources:
- Human Rights Watch and Drug Policy Alliance. (2024, July 15). “Disrupt and Villify” The War on Immigrants Inside the US War on Drugs. Human Rights Watch.
- U.S. Citizenship and Immigrant Services. USCIS Policy Manual: Conditional Bars for Acts in Statutory Period (Vol. 12, Part F, Chap. 5).
- Rowley, A. (2025, June 17). Understanding Marijuana’s Impact on U.S. Immigration Status. Grossman Young & Hammond.
- Brady, K., Nightingale, Z., Adams, M. (2021, May). Immigrants and Marijuana. Immigrant Legal Resource Center.
