Green card and marijuana: how legal cannabis threatens an immigrant

What is legal under state law may still be considered a crime under federal immigration law, explains NOLO.

Photo: Shutterstock

If you live in a state that has legalized the use of marijuana for medical or recreational purposes, no state law requires you to be a US citizen to use marijuana.

Some states require you to register to use the law and a state-issued ID to prove you reside there.

Risk of deportation from the USA

The fact that medical marijuana is legal in your state does not mean it poses no risk to your legal permanent resident status. This is because your immigration status is a federal matter governed by federal law that prohibits any use of marijuana.

Thus, even if your state cannot convict you for using marijuana, the federal government can.

Green card holders convicted of violating federal marijuana law (other than one offense involving possession of 30 grams or less for their own use) are subject to deportation.

You are also subject to deportation if you are a “drug addict”. The US government may state that your use of marijuana is abuse or addiction.

On the subject: The Biden administration closes and softens the cases of illegal immigrants: two were even returned to the United States after deportation

In addition, you may be deported if convicted of certain crimes involving moral turpitude. This is a vague term and you cannot be sure what the court will say. So here, too, marijuana can play a cruel joke on you.

Possession of marijuana for personal use, however, is most likely not a moral licentiousness crime. Growing marijuana is most likely the same.

Even if the US immigration authorities do not take immediate steps to deport you, they will raise drug use issues, if any, when you apply for US citizenship, and USCIS may reject your application or take steps to deport you during this time.

Risks of Traveling Outside the United States

If you are a green card holder and wish to travel outside the United States, marijuana use can cause problems returning to the United States. This is because a US Customs and Border Protection officer at the border may view you as an “arriving alien” who must be “admitted” to the United States, rather than as a permanent resident.

As a green card holder, you are not always an “arriving alien” when you return from travel, but you are an inadmissible arriving alien if you have been convicted of a federal marijuana crime—or even if you admit to using marijuana, regardless , how legal it was in your state.

You should also be wary of any statement that would lead the government to believe you are a "dealer" in marijuana. This may include admitting that you work for a cannabis establishment or production facility.

You may be interested in: top New York news, stories of our immigrants, and helpful tips about life in the Big Apple - read it all on ForumDaily New York.

If the US government determines that you are an unacceptable entering foreigner, you will most likely be temporarily allowed back into the US and deportation proceedings initiated against you.

You may be eligible to have your inadmissibility “waived” if your crime is simple possession of 30 grams or less of marijuana.

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