When Medical Marijuana Use Affects Your Immigration Status

 Posted on August 14, 2025 in Immigration

The state of Illinois was one of the first to legalize medical marijuana, offering relief to patients with serious medical conditions or chronic pain. Unfortunately, for non-citizens who have immigration issues, while marijuana may be legal in the state, it is federally illegal and can have serious immigration consequences. Under federal law, marijuana remains a Schedule 1 controlled substance.

This means use, possession, or virtually any involvement (regardless of a doctor’s prescription) can be treated as a federal drug offense. If you are applying for a green card or a visa, seeking naturalization, or reentering the United States, any records suggesting cannabis use could mean denial, inadmissibility, or even deportation. You must understand the risks of using medical marijuana, and consulting with an experienced Bloomingdale, IL immigration attorney is the best way to do that.

What are the Consequences of Medical Marijuana Use for Those Seeking Naturalization?

Naturalization is the process by which a foreign-born person becomes a citizen of the United States after meeting specific eligibility requirements. One of those requirements is "good moral character." A non-citizen applying for citizenship must demonstrate five years of good moral character before applying for naturalization.

 Good moral character is considered to be a pattern of behavior that aligns with the standards of the "average citizen," and consists of the following:

• Must be honest and truthful.
• Must adhere to all federal and local laws.
• Must avoid any unlawful acts (even those that do not result in a conviction)
• Must meet all financial obligations, like child support, alimony, or taxes.
• No crimes against property or people
• No controlled substance violations
• No crimes involving intent to harm or fraud.
• No violations of immigration laws
• No false information on any immigration paperwork
• No illegal voting
• No habitual drunkenness or gambling

The assessment of good moral character is made on a case-by-case basis, and having a medical marijuana prescription could be reason enough to deny citizenship.

Other Potential Adverse Consequences from Medical Marijuana Use

Non-citizens can also face a decision of inadmissibility, a visa denial, or even be deported for using medical marijuana. Current green card holders can be denied reentry when any medical or recreational marijuana use or possession is discovered. Employment is a state-licensed cannabis industry; holding a medical marijuana card or even living with another person who is involved in the marijuana industry can pose immigration risks and is not worth the potential adverse consequences.    

Best Practices for Non-Citizens Regarding Marijuana

As long as immigration status is pending, avoid marijuana entirely, including for medical use. Never admit to possessing or using marijuana (even if prescribed) without first seeking advice from an immigration attorney. Stay far away from the cannabis industry. This includes investments, employment, or any association. Before attempting to expunge a past marijuana conviction, speak to an immigration attorney. Clearance, under state law, does not erase immigration consequences.

Contact a DuPage County, IL Immigration Lawyer

Even though Illinois state law allows the use of marijuana, both recreationally and medically, that use can pose serious immigration risks. An experienced Lombard, IL immigration attorney from Mevorah & Giglio Law Offices can help you understand the intersection between marijuana laws and immigration laws. Attorney Steven Mevorah has been serving the needs of immigrants throughout Northern Illinois for more than four decades. To schedule your free consultation, please call 630-932-9100 to discuss your immigration concerns.