Cannabis & Immigration: Know the Risks

The Conflict Between State Cannabis Laws and Federal Immigration Law

In states like Colorado, Washington, California, and dozens of others, marijuana is legal for recreational and medical use. Millions of Americans work in the cannabis industry — a market worth tens of billions of dollars. But for immigrants, including lawful permanent residents (green card holders), the legal cannabis industry is a minefield that can jeopardize everything they have built.

The reason is straightforward and devastating: marijuana remains a Schedule I controlled substance under federal law, and immigration law is entirely federal. This means that any involvement with cannabis — even in a state where it is completely legal — can be treated as a "controlled substance violation" by U.S. Citizenship and Immigration Services (USCIS), regardless of whether the individual has ever been arrested or charged with a crime.

How Cannabis Employment Affects Immigration

The consequences of cannabis involvement for immigrants are severe and often come as a complete shock to people who have done nothing illegal under their state's laws:

• Citizenship denied: USCIS can deny a naturalization application on "good moral character" grounds if the applicant has any involvement with cannabis, even legal employment. This is what happened to Novo Legal's client Oswaldo Barrientos — a green card holder from El Salvador who was denied citizenship because he worked at a state-licensed cannabis operation.
• Green card jeopardized: Lawful permanent residents who work in cannabis may face denial of their green card renewal or even be placed in removal (deportation) proceedings.
• Visa applications denied: Any admission of cannabis use or involvement during a visa interview — even if legal in the applicant's state — can result in visa denial or a finding of inadmissibility.
• USCIS interview traps: Immigration officers routinely ask about employment history during citizenship interviews. Honest answers about cannabis employment are then used against applicants. As Novo Legal attorney Bryce Downer has warned, these interviews can become a "trap" for immigrants who are simply telling the truth about their legal jobs.

The Barrientos Case: A National Wake-Up Call

The case of Oswaldo Barrientos became national news and brought the cannabis-immigration conflict into sharp focus. Barrientos, a lawful permanent resident from El Salvador, had lived in the United States for years and applied for citizenship. He worked at a state-licensed cannabis operation in Colorado — a completely legal job under Colorado law.

In February 2019, USCIS sent Barrientos a letter denying his citizenship application on the grounds of a "controlled substance violation." He had never been arrested. He had never been charged with a crime. His only "violation" was working in an industry that his state had legalized and regulated. Novo Legal attorneys Aaron Elinoff and Bryce Downer took on his case, and the story generated national coverage that helped expose how federal immigration enforcement was penalizing immigrants for following state law.

Barrientos was not alone. A second Novo Legal client — also a green card holder — was denied citizenship on the same grounds. And across the country, immigration attorneys began reporting similar cases as the scope of the problem became clear.

The Congressional Response

The Barrientos case helped prompt a bipartisan legislative response. U.S. Senators Cory Gardner (R-CO) and Elizabeth Warren (D-MA) introduced legislation aimed at protecting immigrants in states where cannabis is legal from federal immigration consequences. Denver city officials also sought formal clarification from the Department of Justice. While comprehensive legislative reform has not yet passed, the issue remains active in Congress and continues to generate bipartisan support.

What Are Your Options?

If you are an immigrant involved in the cannabis industry, you should take immediate steps to protect yourself:

• Consult an immigration attorney before any USCIS interaction. Do not attend a citizenship interview, green card interview, or any other USCIS appointment without legal representation. What you say in these interviews can be used against you.
• Understand your exposure. Even tangential involvement with cannabis — such as investing in a cannabis company, providing consulting services, or working in a role that supports cannabis operations — may be considered a controlled substance violation by USCIS.
• Document your legal employment. If you have worked in the cannabis industry, keep records showing that your employment was with a state-licensed operation and complied with all applicable state laws.
• Consider timing carefully. If you are planning to apply for citizenship or a green card, discuss the timing and strategy with an immigration attorney who understands both cannabis law and immigration law.
• Know your rights if denied. A denial of a citizenship or green card application is not the end. Appeals and other legal remedies may be available.

For more information on deportation defense and removal proceedings, visit our Deportation Defense page.

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Media Coverage

Novo Legal Group attorneys Aaron Elinoff and Bryce Downer have been widely cited in national media for their representation of immigrants caught in the cannabis-immigration conflict.

For Novo Legal's full media coverage across all issues, visit our Newsroom.

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