US Supreme Court says social sharing – distribution – of a small amount of Marijuana not an aggravated felony under the INA.

The US Supreme Court decision starts with the following paragraph:

ADRIAN MONCRIEFFE, PETITIONER v. ERIC H.

HOLDER, JR., ATTORNEY GENERAL
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
[April 23, 2013]
JUSTICE SOTOMAYOR delivered the opinion of the Court.
The Immigration and Nationality Act (INA), 66 Stat.163, 8 U. S. C. §1101 et seq., provides that a non citizen who has been convicted of an “aggravated felony” may be deported from this country. The INA also prohibits the Attorney General from granting discretionary relief from removal to an aggravated felon, no matter how compelling his case. Among the crimes that are classified as aggravated felonies, and thus lead to these harsh consequences,are illicit drug trafficking offenses. We must decide whether this category includes a state criminal statute that extends to the social sharing of a small amount of marijuana. We hold it does not.

 

Click here to read the decision…

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