Immigration ConsequencesWhile marijuana may become legal at the state level, it remains a Schedule I drug under federal law. See Controlled Substances Act, 21 U.S.C. § 801 et seq.; see also Drug-Free Workplace Act, 41 U.S.C. § 8101 et seq.In turn, this can have immigration consequences for noncitizen employees. For immigration purposes, federal law controls.

For instance, businesses covered under the Drug-Free Workplace Act would not be held liable for terminating an employee for medical marijuana use. 41 USC § 8101. Court opinions such as Carlson v. Charter Communications, LLC, 2017 WL 3473316 (D. Mont. 2017) have reiterated the principle that, as long as marijuana is classified as a Schedule-1 narcotic under the CSA, an employer can discharge an employee for medical marijuana use.