Marijuana Legalization and Immigration

Many states have now decriminalized marijuana, making it legal to use small amounts for medical or recreational purposes. California, Maine, Massachusetts, Nevada, Alaska, Colorado, Oregon, Washington state and Washington, D.C. have legalized recreational use of marijuana.

While these state legalization laws may give foreign nationals a sense that drug activity in those states is also noncriminal for immigration purposes, the reality is that under federal law, marijuana remains an illegal substance that is subject to criminal prosecution and penalties. Even where there is no charge or conviction, legalized marijuana can create issues for some noncitizens and can pose special risks and serious repercussions for foreign nationals applying for visas, permanent residency or other immigration benefits.

Foreign nationals should be aware of the consequences of admitting to drug activity and be prepared if border or immigration officers-including USCIS officers at now-mandatory green card interviews-ask questions about past or current drug use or activity. Anyone who admits to having violated a drug law, or admits to the essential elements of a crime, may be found inadmissible even if there have been no charges or convictions.

Lastly, a drug conviction can make a nonimmigrant or Green Card holder deportable.