With the current presidential administration putting a spotlight on immigration enforcement, it’s more important than ever for employers to make sure their hiring and employment practices follow federal immigration rules. This is especially critical for businesses involved in the legal marijuana industry at the state level. Even though more states are legalizing marijuana for medical and recreational use, federal law still lists marijuana as a Schedule I controlled substance—meaning it is treated as illegal under federal statutes.
For individuals who are not U.S. citizens, any connection to marijuana—even if it’s legal under state law—can lead to serious immigration consequences. According to federal immigration law, someone who has been convicted of or has admitted to using or being involved with controlled substances may be denied entry to the U.S., barred from getting a visa, or even deported. This includes lawful permanent residents (green card holders), who can be removed from the country if they’re convicted under these drug laws, unless the offense is a one-time possession of under 30 grams.
The law broadly defines drug trafficking to include cultivating, producing, selling, distributing, financing, or helping in any way with these activities. Because of this wide definition, people working in state-legal cannabis roles—from farm workers to delivery drivers, investors, or managers—could fall under the label of “traffickers” in the eyes of immigration officials.
That includes workers on temporary visas like the H-2A visa used for agricultural labor. Even if the work is legal in their state, involvement in cannabis may disqualify them from future visa applications and can open employers up to serious penalties if they failed to disclose the nature of the job during the visa process.
Non-citizens applying for visas or entering the U.S.—even just for a short visit—may be refused entry if they have cannabis-related convictions or involvement. The U.S. Department of State’s Foreign Affairs Manual gives consular officers wide discretion to deny visas based on even a hint of participation in cannabis activity.
The impact doesn’t stop there. Permanent residents applying for U.S. citizenship must demonstrate “good moral character.” Violations of drug laws—whether through conviction or admission—can prevent them from meeting this requirement during the eligibility period, which is either three or five years, depending on how they received their green card.
For these reasons, people who are not U.S. citizens should steer clear of cannabis-related work or business, no matter what state law permits. Likewise, employers in the cannabis industry should avoid hiring non-citizens to reduce the risk of legal trouble for both the business and the employee. Federal immigration rules still apply, and violating them—knowingly or not—can have serious consequences.
These persisting prohibitionist policies against marijuana despite the changing societal attitudes to the substance are probably a concern to industry actors like Tilray Brands Inc. (NASDAQ: TLRY) (TSX: TLRY) that have worked hard to avail licensed products that provide value to users, whether for recreational or medical purposes.
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