Could Medical Marijuana Use Impact Your Immigration Status?

 Posted on July 22, 2025 in Immigration

While medical marijuana is legal in the state of Illinois, when it comes to non-citizens, the fallout from using medical marijuana could be significant. Federal law still classifies marijuana as a Schedule I controlled substance, which can, in effect, override state laws, causing immigration consequences.

This means that using medical marijuana as a non-citizen of the U.S. can jeopardize visa renewals, green card applications, naturalizations, or even result in deportation. If you are facing adverse immigration consequences resulting from medical marijuana use, speak to an experienced Itasca, IL immigration attorney as soon as possible.   

Federal vs. State Law on Medical Marijuana

There are currently 40 states, including Illinois, that have legalized the use of medical marijuana. Twenty-four states have legalized recreational marijuana. Although the federal government has largely stayed out of these decisions, federal law supersedes state law.

This makes medical and recreational marijuana use federally illegal. In fact, the federal government categorizes marijuana as a Schedule I substance, alongside drugs like heroin and LSA, acknowledging no distinction between medical and recreational marijuana use.

Immigration Consequences of Using Medical Marijuana

Since using medical marijuana in Illinois violates federal law and can be considered a controlled substance violation, it can bar non-citizens from establishing the "good moral character" required for citizenship. Individuals who currently have a green card may find that the use of medical marijuana or any "involvement" in medical marijuana can result in the following consequences:

• Even when prescribed by a state-licensed doctor, a single use of medical marijuana can result in deportation from the country.
• If a green card holder travels outside the U.S. and returns, a CBP officer can deem them inadmissible at the border if medical marijuana (current or past) use is discovered.  
• A green card holder seeking naturalization (citizenship) can be denied based on the requirement of "good moral character." The necessary finding of good moral character can be marred by any violation of the federal controlled drug laws.   

For individuals in the U.S. on non-immigrant visas, the risks are even greater than those faced by green card holders. An individual’s visa can be revoked by the U.S. Department of State if any marijuana use or involvement is found.

An individual attending a U.S. consulate visa interview abroad could have his or her visa denied if marijuana use is discovered. Even if marijuana use – medical or recreational – is legal in the immigrant’s state, use of marijuana can end eligibility for any future visa.

Those seeking an adjustment of status to that of a lawful permanent resident could find their application denied because of past medical marijuana use. "Involvement" with medical marijuana can even include employment in the state-legal cannabis industry, including dispensaries and grow houses.

Avoid Marijuana Use Entirely

Since federal drug laws as they relate to immigrants are so severe, the best way to avoid any adverse consequences is to refrain from having anything to do with marijuana, whether medical, recreational, or employment in the industry.

Although Illinois permits the expungement of past marijuana convictions, immigration authorities are still permitted to consider them. Federal law does not recognize state expungements when determining admissibility or deportability.

Contact a DuPage County, IL Immigration Lawyer

If you are a non-citizen in Illinois considering medical marijuana, or even currently using it, you could be risking your immigration future. An experienced Itasca, IL immigration attorney from Unzueta Law Group, P.C. can review your situation, evaluate risks, and ensure your future is protected. We are a local family-owned firm with over 20 years of experience in immigration law. To schedule an initial attorney meeting, call 630-509-2363. Se Habla Espanol.