“Social Sharing” of Marijuana is Not a Drug Trafficking Crime

by | Jun 18, 2013 | News

The U.S. Supreme Court in late April issued a decision holding that a conviction for possession of marijuana with intent to distribute, where the record of conviction fails to prove remuneration or more than a small amount of marijuana involved, is not illicit trafficking of a controlled substance, and is therefore not an aggravated felony.  Conviction for an aggravated felony, even for a long-time permanent resident (LPR) or an individual seeking asylum, has significant consequences. Immigration advocates have long argued that an ambiguous criminal statute must be construed in favor of the noncitizen.  The high Court’s decision is much welcomed.  (Moncrieffe v. Holder)