Q: Does Biden cannabis pardon effect lawfully permanent immigrants with prior simple possession of cannabis charge?
If I was deported because of a simple possession of cannabis and tampering with physical evidence and was a lawfully permanent resident at the time does president Biden new cannabis pardon grants me relief because immigration does fall under the federal level can I get my immigration case review again on appeals?
A:
Statements by politicians ‘are not enough.’ In addition, if a person is “convicted,” past tense, then this can still be an issue in some Federal jurisdictions.
This is not as simple as it seems. The law was passed by Congress. A President cannot change how the law is written.
He may propose changes to the definition of a controlled substance where these are regulated by the Executive Branch. He has suggested that ‘he wants to do that.’
I strongly recommend an appointment with a competent and experienced immigration attorney who has carefully read the code on convictions that relate to a controlled substance, then follow any actual changes in the regulations.
A: Was your conviction for simple possession a conviction under federal law (federal simple possession) or a conviction under state law (state - e.g., Florida - simple possession)? What President Biden has done benefits those who were convicted under federal criminal law, not under state criminal law, and, moreover, does not erase the section of immigration law making removable those with certain controlled substance related offenses. One who has been pardoned for a conviction of simple possession of marijuana under federal law should certainly seek a consultation with a competent and experienced immigration attorney to see what legal arguments can be made. In most cases, however - as in most cases people have been convicted under state law for simple possession of marijuana, what Biden has done has little impact on immigration matters. If you live in the 11th Circuit Court of Appeals, however, and were convicted of simple possession of marijuana under Florida law, still consider scheduling a consultation with a competent and experienced immigration attorney in light of the 11th Circuit Court of Appeals' decision in Said v. U.S. Atty General. Note that ever since the onset of the COVID-19 pandemic, many attorneys offer online video consultations.
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