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Defending marijuana for non-U.S. citizens

Feb 02, 2012 Defending marijuana for non-U.S. citizens

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An actual conviction for marijuana possession (let alone for other drug convictions) raises immigration issues, even when the marijuana does not weigh over 30 grams.

Therefore, a non-United States citizen defendant might be in a pickle if s/he gets found guilty of possessing marijuana not over 30 grams, but if the marijuana weight not over 30 grams is not both in the documentary record even if the amount needs to be stipulated by the parties if there is no chemist’s certificate. It is also beneficial for such a weight to be on the oral record, preferably with a court reporter present.

Finally, a second marijuana possession conviction for a non-citizen is a big problem, as is any drug paraphernalia conviction.

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