What You Need To Know: Immigration Consequences of Marijuana Use in 2024
As of 2024, 38 out of 50 states have legalized some form of marijuana use – either medical or recreational. With this legalization progressing across the United States, the question of whether smoking marijuana can lead to deportation has become increasingly common. While this legal trend has a lot of benefits, the one downside is the trap it has set for uniformed noncitizens.
Federal v. State – Which Law Applies?
The legalization of marijuana at the state level leads many noncitizens to believe that engaging in its use will not affect their immigration status. Unfortunately, that is not the case.
Regardless of the legal progress made in the individual states, marijuana remains classified as a Schedule I controlled substance under federal law, according to the Controlled Substances Act (CSA). The CSA classifies controlled substances into five “schedules” according to their medical uses, potential for abuse, and their psychological and physical effects (21 U.S.C. § 812). Marijuana’s classification as a Schedule I substance under the CSA indicates that it is considered by the federal government to have high potential for abuse, no accepted medical use for treatment, and insufficient safety for use even under medical supervision. This means that, federally, marijuana use is still illegal.
Understandably, this discrepancy between federal and state law creates significant confusion and uncertainty. However, it is crucial to understand that immigration is governed at the federal level. Thus, noncitizens may face severe penalties for engaging in its use.
Impact on Immigration Status
Because immigration laws are federal, marijuana use by non-U.S. citizens can significantly impact their immigration status. In 2019, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert clarifying that marijuana use—even in states where it’s legal—can violate federal law and result in severe immigration consequences. Such repercussions may include denial of naturalization, denial of entry or re-entry, and even deportation.
A noncitizen need not have ever been convicted of a crime for their immigration status to be affected by marijuana. Simply admitting to the Department of Homeland Security (DHS) that one has possessed, used, sold, or grown marijuana – or has worked legally in the cannabis industry – can carry consequences. Such activity may lead to denial of a visa application, revocation of a visa stamp, mandatory detention, or a temporary bar on establishing good moral character for naturalization, even if the activity was legal under state law. Moreover, certain marijuana-related activities may render a noncitizen deportable or at the very least, inadmissible.
Deportation and Inadmissibility Risks
Although a single incident of marijuana use is unlikely to trigger deportation, it can create complications. The Immigration and Nationality Act (INA), however, outlines several grounds for deportation, including criminal activity. Thus, if an individual faces arrest or conviction for a marijuana-related offense, deportation may become a very real risk
For instance, noncitizens convicted of drug trafficking, which includes possessing significant amounts of marijuana, may face deportation. Drug trafficking convictions don’t require evidence of sale or distribution; rather, mere possession of a large quantity of marijuana can be deemed evidence of intent to distribute and thus, increase one’s risk of deportation.
Furthermore, noncitizens convicted of any controlled substance crime, including marijuana offenses, can be deemed inadmissible to the United States. This can affect their ability to secure or renew visas or apply for a green card. Even a misdemeanor marijuana possession conviction can lead to such admissibility consequences. Additionally, mere admissions of marijuana use, irrespective of conviction, can also render an individual inadmissible due to immigration statutes treating any controlled substance law violation as grounds for inadmissibility.
What To Do & What Not To Do
Even if you live in a state where some form of marijuana use has been legalized, you are not immune from the immigration consequences due to its continued illegality at the federal level. As such, it is important to know the following tips:
- Avoid using marijuana until you are a U.S. citizen.
- Do not work in the marijuana industry.
- If you require medical marijuana and there are no suitable alternatives, seek legal counsel before proceeding.
- Never carry marijuana, a medical marijuana card, paraphernalia, or marijuana-themed accessories when leaving the house.
- Ensure there are no photos or texts related to marijuana on your phone, social media, or elsewhere.
- Do not discuss marijuana use or possession with immigration or border officials unless you have received expert legal advice.
- If questioned about marijuana by an official, remember you have the right to remain silent and state that you prefer not to discuss it and request to speak with a lawyer.
Want More Information?
For more personalized advice and assistance concerning the impact of marijuana use on your immigration status, contact The Law Firm of Anna Korneeva today at (513) 334-3008.
