Visa Holders, Green Card Holders, and Marijuana: Legal in Your State, but Still Illegal for You Under Federal Law.

As an international lawyer, one of my key responsibilities is to stay continually updated with developments in law and policy, especially where they intersect with immigration. Non-citizens must understand not just the written law, but also how it is applied in practice.

One of the most common areas of confusion right now is marijuana legalization. Across many U.S. states, marijuana is legal for recreational or medical use. Dispensaries operate openly, and it is normal to see peers treating it as part of everyday life. However, if you hold a U.S. visa or even a green card, this does not apply to you, in the same way.

Under federal law, which governs immigration, marijuana remains a controlled substance is illegal to possess, use, purchase, or distribute. State law cannot override federal immigration law.

Federal Law Governs Immigration Status

Whether you are:

• An F-1 student

• An H-1B professional

• A B-1/B-2 visitor

• An L-1 intra-company transferee

• An O-1 holder (extraordinary ability visa)

• A dependent spouse or child (H-4, F-2, etc.)

• An asylum seeker or applicant for permanent residency (green card)

• Or even a current green card holder (lawful permanent resident)

you are under federal jurisdiction, and marijuana use or possession can lead to serious immigration consequences.

This is not just a technicality. Immigration law treats marijuana-related conduct as a violation of your status, regardless of what your state allows.

Even Without Criminal Charges, You Can Face Immigration Penalties

Many people believe that unless they are convicted in court, they are safe. Unfortunately, this is not the case under U.S. immigration law. Even without a criminal conviction, you could still face:

• Visa revocation

• Denial of future visas

• Deportation (removal proceedings)

• Ineligibility for green card or citizenship

• Long-term or lifetime bar from re-entering the U.S. (depending on severity and waiver eligibility)

Even admitting to past marijuana use in an immigration interview can trigger these outcomes. Immigration officers do not need a conviction, an admission or reasonable suspicion is often enough to initiate action.

Everyday Scenarios That Could Get You in Trouble

Here’s where things get risky:

• Visiting a marijuana dispensary (while not a violation by itself) could raise suspicion, especially if there is other supporting evidence.

• Being in a vehicle or space where marijuana is present.

• Possessing marijuana or related products, even in states where it is legal.

• Posting photos or content on social media that imply use or association.

• Being asked about marijuana use during visa interviews or at U.S. entry points and admitting to use.

Public information like social media posts or receipts can be used in discretionary immigration decisions.

A Word About CBD Products

Many people believe CBD is entirely safe because it is widely available and often marketed as non-intoxicating. However, not all CBD is treated equally under U.S. law. Hemp-derived CBD containing less than 0.3% THC is legal federally, but marijuana-derived CBD, or any product with higher THC content, remains illegal under federal law. The problem is, immigration authorities usually do not test or distinguish these products. Possession, purchase, or admitted use of CBD products, especially those sold in dispensaries, can raise serious concerns about controlled substance use. For visa holders and green card holders, the safest course of action is to avoid all cannabis-related products, including CBD.

Why Does This Happen? The State vs. Federal Law Conflict

The United States operates under a dual legal system- state and federal. While states have the power to legalize marijuana for local purposes, immigration falls squarely under federal jurisdiction. This means federal law always controls your immigration status, not state law.

Your U.S.-citizen friends may face no consequences under state law, but you, as a non-citizen, remain bound by federal regulations.

How to Protect Yourself

As a lawyer dedicated to staying ahead of these legal developments, my advice is clear:

• Avoid using, possessing, or purchasing marijuana in any form, even in states where it is legal.

• Do not visit dispensaries or marijuana-related businesses.

• Be cautious with your social media posts and public content.

• If asked about marijuana use in any immigration context, understand the legal implications before responding. This doesn't mean you have to lie.

• When in doubt, seek advice from an experienced immigration lawyer before making choices that could endanger your status.

Final Word

This is not about fear. It is about being informed. Immigration law does not bend for state-level marijuana legalization, and the risks for non-citizens are simply too high. Protect your visa, your green card, your career, and your future in the United States.

If you need clarification, seek trusted legal guidance before it’s too late. Stay informed. Stay safe.