Supreme Court Arguments Expose Plight of Immigrants Deported Over Minor Marijuana Convictions

Today, the U.S. Supreme Court heard arguments in two cases that questioned a harsh federal law requiring the deportation of non-citizens who are convicted of certain crimes, including minor drug violations.

Media reports on those whose lives hang in the balance over these decisions have included one horror story after another about people who in many cases were legal residents of the United States for decades, but were forced to endure brutal treatment and threats of deportation, simply for minor marijuana convictions.

Among the most egregious:

  • Jerry Lemaine, a legal permanent resident of New York who was instructed by a lawyer to plead guilty after a police officer found a marijuana cigarette in his pocket one night in 2007. That guilty plea led to a terrible chain reaction, as reported by The New York Times: “Immigration authorities flew him in shackles to Texas, where he spent three years behind bars, including 10 months in solitary confinement, as he fought deportation to Haiti, the country he had left at age 3,” The Times reported yesterday.
  • Jose Padilla, a native of Honduras who followed his lawyer’s advice to plead guilty to transporting marijuana. Federal agents told Padilla, a Vietnam veteran who has lived in Kentucky for many years, that he faced automatic deportation as soon as he pled guilty.

In the case of Padilla, the court ruled 7-2 today that lawyers must inform their clients about the consequences any case would have on their immigration status.

No opinion was given on the justness of punishing someone for possessing a substance that is safer than alcohol.

March 31, 2010   6 Comments

MS Patient Sentenced to Five Years in Prison For Growing Marijuana

New Jersey resident John Wilson, 37, may spend the next five years in prison because he grew marijuana, which he used to treat his multiple sclerosis. A judge handed down the five-year sentence on Friday, months after a jury found Wilson guilty of growing 17 marijuana plants—which he used only to treat the effects of his debilitating illness.

Throughout most of his trial, Wilson was prevented from mentioning his disease to the jury. Then in January, New Jersey became the 14th state in the nation to pass a medical marijuana law, but Wilson was still not allowed to argue a medical defense, because the law did not exist at the time of his arrest. New Jersey’s law does not allow patients to grow their own marijuana (as Wilson had done) but it will provide them with safe access to their medicine through dispensaries—which would have eliminated the need for Wilson to grow his own plants, if only the law had been passed two years earlier.

There is a chance that Wilson might receive parole and be out of prison in about a year, if he is accepted into the state’s Intensive Supervision Program, but that has not yet been decided.

In the meantime, his attorney, James Wronko, is promising to appeal.

“I continue to be amazed that in our system of justice, an individual who is growing marijuana to treat his personal multiple sclerosis ends up in state prison,” Wronko told a local news outlet. “I find it extremely ironic that an individual who could not afford medicine and had to resort to growing marijuana is now going to state prison where he will be given access to all the drugs available to treat multiple sclerosis.”

March 22, 2010   33 Comments

Call For Wal-Mart Boycott Yields Small Victory

One day after MPP called for a nationwide boycott of Wal-Mart stores in order to protest the company’s contemptible and baseless firing of Michigan medical marijuana patient Joe Casias, the world’s largest public corporation is already changing its position — albeit not to the extent we all desire.

A Wal-Mart spokesperson has told Fox News that the company is no longer challenging Casias’s eligibility for unemployment, reversing the despicable stance it took before news of the firing made national headlines.

While this change falls far short of the treatment Joe deserves after dedicating the last five years of his life to being a model employee for Wal-Mart, it’s at least a sign that Wal-Mart is feeling the heat from mounting criticism in a country that supports medical marijuana laws by more than 80%.

So let’s keep up the pressure! Allowing Casias to collect unemployment still doesn’t change Wal-Mart’s discriminatory policy of firing medical marijuana patients who are following state law and a doctor’s recommendation.

To learn how to e-mail Wal-Mart’s CEO to say you stand in solidarity with Casias and want Wal-Mart’s policy to change, click here.

March 17, 2010   43 Comments

Wal-Mart Fires Cancer Patient for Legally Using Medical Marijuana

Joseph Casias, 29, has sinus cancer and an inoperable brain tumor.

Despite his condition, he has dutifully gone to work every day for the last five years at a Wal-Mart in Battle Creek, Michigan, where in 2008 he was named Associate of the Year.

Casias is also a legal medical marijuana patient under Michigan state law. He uses marijuana with the recommendation of his doctor to relieve the effects of cancer.

But Wal-Mart, the world’s largest public corporation, has no sympathy for his condition or regard for Michigan’s state law. Last November, Wal-Mart fired Casias because he tested positive for marijuana during a routine drug screening.

Here’s what a Wal-Mart spokesman had to say:

“In states, such as Michigan, where prescriptions for marijuana can be obtained, an employer can still enforce a policy that requires termination of employment following a positive drug screen. We believe our policy complies with the law and we support decisions based on the policy.”

To add insult to injury, Wal-Mart is now challenging Casias’ eligibility for unemployment. Simply outrageous. This is the thanks he gets for showing up to work and doing his job for the last five years, despite being stricken with a potentially life-threatening illness. “I gave them everything,” Casias told a local news outlet. “One-hundred-ten percent every day. Anything they asked me to do I did. More than they asked me to do. Twelve to 14 hours a day.”

Sadly, the dilemma facing medical marijuana patients who still have no legal protection from being fired is nothing new.

Readers who would like to register a complaint with Wal-Mart can find corporate contact information here.

March 12, 2010   115 Comments

Ohio Man Commits Suicide After Marijuana Charge

The latest tragic victim of marijuana prohibition is Robert W. Batsch, a 55-year-old husband and father.

Hours after he and his wife were charged with felony child endangerment yesterday for allegedly growing marijuana in their family’s home, Batsch shot himself in the chest with a .22 caliber rifle.

If found guilty, Batsch—and his wife—each faced one to five years in prison.

To find out how you can help MPP put a stop to horrific stories like these, please click here.

February 24, 2010   44 Comments