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The United States Supreme Court on Tuesday ruled that a legal immigrant is not subject to deportation for being convicted of possessing a small amount of marijuana.
The court voted 7-2 that Adrian Moncrieffe, a citizen of Jamaica, could not face mandatory deportation, because the basic possession of marijuana is not a federal felony, reports Lawrence Hurley of .
The federal government can deport legal immigrants when they are convicted of an aggravated felony.
Immigration officials tried to deport Moncrieffe after he was convicted under Georgia state law of possession and intent to distribute 1.3 grams of cannabis. The case is Moncrieffe v. Holder, U.S. Supreme Court, No. 11-702.
A conviction for marijuana possession does not rise to the level of an aggravated felony if it’s a small amount and the defendant was not being paid for it, Justice Sonia Sotomayor wrote on behalf of the majority in Tuesday’s ruling.
Moncrieffe could still be subject to deportation, Justice Sotomayor wrote, but he and others would now be able to contest the decision in further immigration proceedings and the U.S. Department of Justice would be able to use its discretion.
Justices Clarence Thomas and Samuel Alito both wrote dissenting opinions.
U.S. Supreme Court Says Marijuana Possession Not A Deportable Offense