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Supreme Court Rules Against Automatic Deportation For Marijuana Possession

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Gavel supreme court deportation Adrian Moncrieffe jamaican citizenIn a 7-2 vote on Tuesday, the Supreme Court ruled that deportation is not mandatory if a legal immigrant is convicted of possessing a small amount of marijuana.

The ruling was in response to Moncrieffe v. Holder. Immigration officials automatically deported Adrian Moncrieffe, a Jamaican citizen who has lived in the United States since he was three years old, after he was convicted under Georgia law for possession and intent to distribute 1.3 grams of marijuana.

“Justice Sonia Sotomayor wrote on behalf of the majority that a conviction for marijuana possession does not rise to the level of an aggravated felony if it is a small amount and the defendant was not being paid for it,” reported Reuters.

Moncrieffe could still face deportation, but Tuesday’s ruling means that he and others like him can contest the decision in further immigration proceedings.

Source: Marijuana Policy Project - make a donation

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3 Comments

  1. The feds must have spent hundreds of thousand of dollars taking this pathetic little case all the way to the Supremes. A shameful waste of our money!

  2. Interesting.

    Moncrieffe was a permanent resident (green card) of the U.S.A. After his initial trial (plead guilty), for possession and distribution they tried to deport him. I wonder how often this has happened concerning ethnic backgrounds associated with marijuana convictions (would a green card holding Canadian receive the same attention in Georgia)…

    I applaud the Supreme Court for their decision regarding the sale of cannabis not being an aggravated felony as Holder alleged. A precedent? Let’s hope so. It is good to see we are gaining allies within the ranks of the federation.

    Now, how much money did the state (Georgia) and feds waste on trying to deport this guy? 1.3 grams of cannabis! It just does not make sense!

    http://www.law.cornell.edu/supct/cert/11-702

  3. I’m glad the SCOTUS is STARTING to realize that Cannabis users have RIGHTS too! 1.3 grams does NOT rise to a deportable offense. Hell that’s even .2 grams SHY of a good joint!

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