Exiled for pot: marijuana and deportation.

AuthorSullum, Jacob
PositionCitings - Brief article

During a 2007 traffic stop in Georgia, police found 1.3 grams of marijuana--enough for two or three joints--in Adrian Moncrieffe's car. As a first-time offender, Moncrieffe received five years of probation. But as a Jamaican citizen with a green card, he was sentenced to exile from the country he had called home since he was a toddler.

In May the U.S. Supreme Court intervened to stop Moncrieffe's deportation. The Court ruled that "The social sharing of a small amount of marijuana" does not qualify as an "aggravated felony," which triggers automatic deportation under the Immigration and Nationality Act. Instead, the seven justices in the majority said, the attorney general has discretion in such cases to waive deportation.

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The federal government argued that its hands were tied, since the state...

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