Immigration Consequences of Cannabis Industry Employment: Balancing State Legality With Federal Inadmissibility
On Behalf of Coughlon Law Firm, PLLC. | Mar 24, 2025 | Immigration
Arizona has embraced the legal cannabis industry, allowing both medical and recreational marijuana sales. Many legal residents see it as a great job opportunity, especially with dispensaries hiring workers for retail, security, and administrative roles.
However, green card holders and other non-citizens could be risking their immigration status by working in the cannabis industry. Even though Arizona law allows it, federal law still classifies marijuana as a Schedule I drug. What this means is that immigration authorities can treat legal employment in a dispensary as drug trafficking.
Why Does Federal Law Still Consider Cannabis a Crime?
Under the Controlled Substances Act, marijuana is illegal at the federal level. The U.S. Citizenship and Immigration Services (USCIS) can deny a green card, visa, or naturalization application if an applicant admits to using or working with marijuana. It doesn’t matter if the use was completely legal under state law.
For example, a green card holder working at an Arizona dispensary could be flagged as someone engaged in drug-related activity. Even if they never personally handled the product, USCIS might consider them involved in drug trafficking if they did security, marketing, or bookkeeping for a cannabis company.
How Are Green Card Holders and Visa Applicants Affected?
If you are a non-citizen, you would be shocked to learn the following:
- You cannot admit to past marijuana use because it often leads to green card denial or visa revocation.
- If you work legally in an Arizona dispensary, it can be considered “trafficking” under federal law.
- As a green card holder, you can be deported if your cannabis-related work is discovered.
- U.S. border agents can deny entry to visa holders if they suspect marijuana involvement.
How to Avoid Immigration Trouble
If you’re a non-citizen in Arizona, you should protect yourself by staying away from the cannabis industry. However, if you already have ties to it, here are some key precautions:
- Do not admit to marijuana use or employment on immigration forms or at the border.
- Avoid carrying dispensary-related items (work IDs, receipts, business cards) when traveling.
- Consult with an immigration lawyer before applying for a visa, green card, or citizenship.
Contact Coughlon Law Firm, PLLC, to discuss your options and protect your immigration status.
