In an opinion released today, Moncrieffe v. Holder, the Supreme Court decided that a state conviction for possession with intent to distribute a small amount of marijuana does not constitute “illicit
trafficking in a controlled substance” for purposes of the Immigration and Nationality Act. Therefore, a non-citizen convicted of this crime would not be subject to mandatory deportation, and would not lose eligibility for some forms of discretionary relief from deportation.
To avoid triggering immigration consequences, the conviction must be for sharing a "small amount" of marijuana where no money was exchanged. The Court did not define "small amount," but Mr. Moncrieffe had 1.3 grams of marijuana and this was deemed to be small. The Court urged a "commonsense conception" of the terms involved, and the opinion drew a distinction between sharing marijuana and conducting commercial drug dealing.
This case comes just weeks after the Massachusetts Supreme Judicial Court determined that "social sharing of marijuana is akin to simple possession, and does not constitute the facilitation of a drug transfer from seller to buyer that remains the hallmark of drug distribution." The SJC found that sharing a joint is a civil infraction and not a criminal offense. In two related cases, the SJC found that non-criminal possession or use of marijuana cannot be the basis of a search. The Court also stated that growing one ounce or less of marijuana for personal use only should not be considered a crime.
If you are facing criminal charges related to marijuana, or immigration issues that come from a criminal conviction, please contact our office to see how we could help you.
