Can You Get Deported for Smoking Weed?

According to data recently released by Human Rights Watch, between 2002 and 2020, just over 127,000 people were deported for cannabis-related offenses. This number accounts for 35% of all deportations where drug-related charges were the most serious offense.

Notably, this time includes several years when cannabis was illegal on both the state and federal levels. (Colorado and Washington, the first two states to legalize recreational use of marijuana, did not pass their initiatives until 2012). It’s safe to assume, then, that this gray area, where cannabis was only legal in a few places and on some levels and illegal in plenty of others, created more opportunities for deportation. But what about now? Can smoking weed still lead to deportation in 2025?

The short answer is yes. Despite medical cannabis being legal in 39 states plus Washington D.C., and recreational use being legal in 24 states as well as Washington D.C., cannabis possession is still a deportable offense.

The Federal Issue

Cannabis possession and use are deportable offenses because cannabis is still classified as an illegal substance at the federal level.

Before the mid-1800s, cannabis was legal in America. Hemp served as one of the country’s primary crops, and many over-the-counter medicines included marijuana. Several states even accepted hemp as a form of legal tender. 

However, around 1860, concerns began to arise over potential negative side effects. In 1914, the US government passed the Harrison Act, making drug use a crime. Forty years later, in 1956, the Federal Narcotics Control Act included cannabis, imposing stiff penalties for its use or possession. In 1970, President Nixon signed the Controlled Substances Act into law, officially classifying marijuana as a Schedule I substance with no acceptable uses. 

At that point, it became a federal offense to possess, sell, or cultivate weed. Penalties for citizens range from misdemeanors and fines to felonies and life behind bars. But, of course, those penalties look different for non-citizens.

Good Moral Character

One key factor that US Citizenship and Immigration Services considers when determining an individual’s case is good moral character (GMC). Defined as “character which measures up to the standards of average citizens of the community in which the applicant resides,” GMC is intentionally vague, but essentially attempts to weed out those who have serious criminal offenses, like murder, or grave ethical violations, like assisting in a genocide. This requirement is also where cannabis possession and use come into play. 

According to the Immigrant Legal Resource Center, any level of association with cannabis can be grounds for the government to deny naturalization or citizenship, or to begin the deportation process. It cautions, “Noncitizens who admit that they have used marijuana, or been employed in the legitimate cannabis industry, can be denied naturalization for lack of good moral character. The same conduct can be a basis for a finding of inadmissibility, either as an ‘admission’ of a controlled substance offense or because it gives the government ‘reason to believe’ the person is a drug trafficker.”

Human Rights Watch reports the same thing. “Any drug conviction, including simple possession of a small amount of a controlled substance—except for a first offense of possessing a small amount of marijuana—bars noncitizens from being able to apply for many types of relief from deportation. Immigration judges cannot consider factors like a person’s family or community ties, length of residence in the country, the minor nature of the offense, or the hardship the family would face if deportation occurs.”

READ: Immigrants Could Face Deportation for Legally Consuming Cannabis

A Small Amount of Marijuana

That all being said, a recent change to the law now allows no-fault forgiveness for one single possession of a “small amount” of marijuana. According to Title 8, Chapter 12 of the U.S. Code, “Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance… other than a single offense involving possession for one’s use of 30 grams or less of marijuana, is deportable.”

This new addition to the code seems to come as the country’s attitudes towards cannabis have begun to change. According to recent data collected by the Pew Research Center, 88% of American adults now believe that cannabis should be legal for medical or recreational use. A self-reported Gallup News survey found that 15% of American adults smoke weed regularly. As cultural perspectives shift and more states move to decriminalize and legalize marijuana, it makes sense that there would be more leniency regarding cannabis use and deportation. 

Still, noncitizens must keep in mind the second part of Chapter 12, which says, “Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.” Because addiction is not standardized— meaning, there is no widely recognized set of parameters that define addiction to cannabis or any other substance— it would not be difficult for one to argue that anyone with a known history of cannabis use could be characterized as a drug abuser or addict and denied legal entry. The gray area, it turns out, is still an issue.

Looking Ahead

In April 2024, the Biden administration proposed a plan that would move cannabis from a Schedule I drug to a Schedule III drug. This change would recognize the medical benefits of cannabis and allow for more research and study. And while it would still classify marijuana as a controlled substance, it would be the biggest federal step toward legalization since the 1950s. It also would likely have major impacts on the way cannabis use and possession affect noncitizens’ citizenship and deportation statuses, perhaps even removing it entirely from the list of deportable offenses. 

Of course, with the Trump administration now in office, the outcome might be quite different. While the President has yet to make a statement either way, many in his camp have been vocal about their opposition to legalization and would likely not be inclined to support the rescheduling. So, for now, it seems, noncitizens would still do best to err on the side of caution when it comes to smoking weed.