By Cecilia Oyediran, Esq.
Noncitizens should be aware of the risks of working in the cannabis industry.
As a noncitizen, can I work in a state where marijuana has been decriminalized?
Employment in the marijuana industry can potentially impact a person’s eligibility for citizenship in the United States. Marijuana remains illegal under federal law which would include possession, manufacture, production, distribution or dispensing of marijuana. All noncitizens should be aware of the risks associated with working in the marijuana industry in NYS or any state where marijuana work has been legalized.
I am already a lawful permanent resident. Can working in the marijuana industry impact my immigration status?
Your immigration status is subject to federal law. Working in the marijuana industry would be a federal crime. This means that a green card holder risks losing their lawful permanent resident (LPR) status and deportation.
How will having a marijuana-related job risk eligibility for citizenship in the United States?
Engaging in activities that violate federal law (such as the production, sale, or use of marijuana) risks naturalization eligibility. United States Citizenship and Immigration Service (USCIS) may deny green card or citizenship applications or refer applicants for removal proceedings if they are involved in marijuana-related activities, including employment.
Can I travel outside of the country if I work in the marijuana industry?
Consult with a lawyer. When re-entering the United States, an immigration officer may refuse you entry if they become aware that you are working in marijuana.
What are other employment related resources available about noncitizens working in the cannabis industry?
The impact of marijuana-related employment on naturalization eligibility can vary depending on the specific facts and circumstances of each case. If you have any concerns about whether marijuana-related employment might impact your eligibility for naturalization, it is recommended that you consult with an immigration lawyer. Visit the New York State Office for New Americans website at https://dos.ny.gov/office-new-americans for referrals to free legal help and access to various support programs. You can also find private licensed immigration attorneys and other legal resources through the New York State Bar Association or the American Immigration Lawyers Association (AILA).
Does rescheduling cannabis to Schedule III of the Controlled Substances Act (CSA) legalizing medical cannabis make it legal for non-citizens?
No. Rescheduling is not the same as legalization or descheduling. Cannabis is still a “controlled substance” under federal law. Since cannabis remains listed in the Controlled Substances Act (even in Schedule III), violations can still trigger immigration consequences for non-citizens. Risks remain until cannabis is fully removed from the Controlled Substances Act.
Can non-citizens still face immigration penalties for medical cannabis?
Yes. Non-citizens may face detention, deportation, or inadmissibility for cannabis-related conduct, even if it is legal under state law.
Is medical cannabis use safe for non-citizens?
No. Even with a doctor’s recommendation in a legal state, medical cannabis use is still a federal violation and may jeopardize visas or green cards.
Can border officials act based on cannabis use?
Yes. Customs and Border Protection (CBP) can deny entry or revoke status if a non-citizen admits to cannabis use or involvement.
What should non-citizens do?
Exercise extreme caution and consult an immigration attorney before engaging in any cannabis-related activity.
