Non-Citizens in the U.S. Face Visa and Deportation Risks Over Cannabis Use

While cannabis is now legally available in many U.S. states, non-citizens face significant immigration risks for any involvement with marijuana, even in states where it is legal. As reported by High Times, the conflict between state and federal law means that federal immigration authorities continue to treat marijuana as a controlled substance, regardless of state-level legalization. This legal contradiction can leave immigrants vulnerable to visa denials, green card complications, and even deportation for conduct that is otherwise legal for U.S. citizens

Between 2002 and 2020, more than 47,000 people were deported from the United States for marijuana-related offenses, making cannabis the second most common drug involved in deportation cases, according to Human Rights Watch. The U.S. Citizenship and Immigration Services (USCIS) requires applicants for naturalization to prove 'Good Moral Character,' and any marijuana use, even without a criminal conviction, can create a conditional bar to this requirement. The USCIS Policy Manual states, “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.”

The risks extend beyond direct use: employment in the cannabis industry or even indirect associations with marijuana can jeopardize immigration status. One prominent case involves Oswaldo Barrientos, who was denied citizenship solely due to his work at a state-licensed cannabis cultivation company, despite never personally using marijuana. Legal advocates recommend that non-citizens avoid carrying medical marijuana cards, cannabis-themed items, or even photos and messages related to cannabis on their phones or social media to minimize risk

For those holding non-immigrant visas or green cards, the consequences can be immediate and severe. Even admitting to past marijuana use during a visa interview or border inspection—even if that use was legal under state law—can result in visa revocation or denial of entry. In rare cases, such as that of Natalie Burke, a decades-old marijuana conviction can still trigger deportation proceedings, regardless of gubernatorial pardons or the length of residency in the United States. As Human Rights Watch notes, “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.”

Recent efforts to reschedule marijuana at the federal level, such as President Donald Trump’s 2025 Executive Order to move cannabis to Schedule III, have raised hopes for immigration relief. However, legal experts caution that these changes are unlikely to alter the strict federal approach to cannabis and immigration. Until federal prohibition is lifted, non-citizens remain at risk for even indirect contact with marijuana, no matter how much state law evolves

From the OG Lab newsroom perspective, the disconnect between federal and state cannabis laws continues to put immigrants in an especially precarious position. As legalization efforts expand across the U.S., the lack of corresponding federal reform means that non-citizens must remain vigilant to avoid jeopardizing their future in the country. The cannabis industry and advocacy groups will be watching closely to see if future federal actions finally address this persistent legal gap