New Foreign Affairs Manual Guidance: Legal Hemp Activities No Longer Grounds for Visa Inadmissibility

The U.S. Department of State (DOS) recently updated its Foreign Affairs Manual (FAM) at 9 FAM 302.5-4(B)(4), which addresses visa ineligibilities for applicants who participate in activities involving marijuana prohibited under federal criminal law. The update clarifies how activities related to hemp are treated for immigration purposes. This distinction is especially important for U.S. employers and the highly skilled foreign nationals they sponsor in the hemp sector, where global expertise in cultivation, pharmaceutical development, and consumer products is critical to business growth. According to Fortune Business Insights and other research sources, the global hemp sector is already worth between $5 billion and $9.5 billion annually, underscoring the significant economic footprint of this industry and the importance of mobility for its workforce.

Background: Marijuana vs. Hemp Under Federal Law

Since the passage of the 2018 Farm Bill, hemp and hemp-derived products that contain no more than 0.3% Delta-9 THC on a dry weight basis are no longer considered controlled substances under federal law. This change created ambiguity for foreign nationals engaged in hemp-related industries, as marijuana remains prohibited federally, despite varying levels of legalization at the state level. Previously, consular officers often treated marijuana and hemp as indistinguishable for purposes of visa adjudication, raising the risk of a finding of inadmissibility under INA §212(a)(2)(C) for applicants with hemp-related work or investment ties.

The New FAM Clarification

The revised FAM note makes clear that consular officers should not automatically consider activities involving legal hemp cultivation, processing, or sales as participation in federally prohibited marijuana activity. In short, the note distinguishes hemp from marijuana in line with the 2018 Farm Bill's statutory framework. This shift in guidance acknowledges that not all cannabis-related activity falls within the scope of federal marijuana prohibition. The FAM instructs officers to analyze whether the applicant's activities involve marijuana as defined under the Controlled Substances Act, or whether they fall under the lawful hemp category.

Why This Matters for Companies in the Hemp Sector

This distinction is particularly important for companies in agriculture, pharmaceuticals, wellness, and consumer goods that rely on foreign national talent. Under prior practice, employees, researchers, or executives engaged in hemp-related work risked visa denial because the activity was not clearly differentiated with marijuana. By clarifying the separation between hemp and marijuana, the FAM update supports the mobility of foreign nationals working in lawful hemp operations, including cultivation, research and development, and product commercialization. This clarification may help with the recruitment and retention of international talent and reduce the likelihood of unexpected immigration issues related to lawful business activities.

Ongoing Risks and Considerations

While the clarification provides additional guidance, employers should continue to exercise caution. Involvement with marijuana, including in states where it is legal, may still result in inadmissibility findings under federal law. Consular officers may review whether an activity described as "hemp" is consistent with regulatory definitions, particularly where THC levels or product use are not clearly specified. Thus, visa filings should clearly articulate the lawful hemp-related nature of an employee's work to support compliance with federal requirements.