Monday, April 29, 2013

You Cannot Get Deported Over A Marijuana Joint

We Should Be Able To Share Our Marijuana Joint

According to some, the Supreme Court is the least friendly of all government offices and it has been known to affect both recreational marijuana users and defendants as well.  With the current laws on marijuana, it is actually very hard to decide whether someone should be punished or not, as State and federal laws differ on many cases and this has caused many people to suffer drastically.

Thankfully, it now appears that you cannot be deported from the US, if you are only sharing a marijuana joint with some of your friends and you are not trying to sell the herb or make a profit out of it. Even if it is still not legal to consume marijuana in some parts of the United States, it is still possible for immigrants or tourists to enjoy a joint or two, without being charged with an  is “aggravated felony”, but only with a misdemeanor.

A great example of this is the Moncrieffe v. Holder case, which was handed down by the Court on April 23rd and the results were that a person cannot longer get deported, if they are only bringing in one marijuana joint or a couple of joints, without the intention of selling them to anyone.

More About The Marijuana Joint Case

Adrian Moncrieffe, is a Jamaican citizen, who moved to the US at the age of three and has lived there ever since. It was on 2007, when Moncrieffe was stopped by a police officer at a traffic stop in Georgia and was caught with 1.3 grams of marijuana.  Sonia Sotomayor, who is the author of “Court’s Opinion”, stated that Moncrieffe only had “the equivalent of about two or three marijuana cigarettes.”

After this, Moncrieffe would plead guilty of “possession of marijuana with intent to distribute”, for which he was put in five year probation and was promised a clean record by the state of Georgia, if he was able to stay out of any illegal activities over the next five years.

The problem came when the federal court found out about this case, as they stated that Moncrieffe had to be deported, since he had pleaded guilty of introducing marijuana to the US and had to be sent back to Jamaica instantly. The federal government decided to send Moncrieffe back to a country, which he had never lived in as an adult and where he had no family or friends. The federal government considered his crime an “aggravated felony” and once someone has been deported, it is extremely difficult for them to get back in the country again.

Today, many of us are surprised, as John Roberts and Antonin Scalia, who have never been in favor of marijuana, now decided to join forces with other liberals and Anthony Kennedy as well, to try and revoke the deportation of Moncrieffe as soon as possible.

A Marijuana Joint Is Not A Crime

Thousands, if not millions of Americans and people worldwide, share their marijuana on a daily basis and there is really no reason why someone should be deported of their new home country, if they are only in possession of one marijuana joint or a few of them.  It is clear that Moncrieffe is not a criminal and like him, there are millions of other people who have been involved in a similar case and have suffered severe consequences, for something that is really not harming anyone and that is done on a regular basis on US soil every day.

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