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Writer's pictureSonya Peterkin, Esq.

Victory for Immigrants with Florida Marijuana Charges: A New Hope


The Law Office of S.A. Peterkin recently won a case involving multiple Florida marijuana charges, which typically could lead to deportation or block immigration goals.


Thanks to recent case law, the impact of Florida marijuana charges are changing, offering a new opportunity for those affected. At the Law Office of S.A. Peterkin, we are thrilled to share this fantastic news and bring hope to many immigrants facing immigration consequences due to Florida marijuana charges.


The Case That Changed Everything: Fuad Said v. Attorney General (11th Cir. March 2022)

The breakthrough came from a recent case, Fuad Said v. Attorney General, which has had a significant impact on how marijuana charges in Florida are viewed under immigration law. Here’s why this is so important:


Florida’s Broad Definition of Marijuana: Florida's law defines marijuana more broadly than the federal government does. This means that substances considered illegal under Florida law might not necessarily be considered illegal under federal law.


Why This Matters for Immigrants


Federal vs. State Law: Immigration consequences for state-level offenses are determined by whether those offenses violate federal laws. Immigrants with marijuana charges face harsh penalties, including deportation, because marijuana remains an illegal controlled substance under federal law, which is applied to their cases. However, Fuad Said v. Attorney Genral highlights a crucial fact: Florida’s broader definition of marijuana does not align with federal law.


A New Chance to Pursue Immigration Goals: With this distinction, there’s now a real chance for immigrants with Florida marijuana charges to pursue their immigration goals without the looming threat of deportation or denial of an immigration benefit. The court recognized that Florida's definition of marijuana is too broad to be automatically categorized as a federal violation resulting in immigration consequences.


What This Means for You

If you or someone you know is facing immigration challenges due to Florida marijuana charges, this new legal precedent is a game-changer. Here’s how it can help:


  1. Reduction in Deportation Risk: The risk of deportation due to Florida marijuana charges is significantly reduced. Your charges might not count against you in the same way they used to.

  2. Reopening of Immigration Cases: If you had an immigration case denied because of a marijuana charge, you might have the opportunity to reopen your case and pursue your immigration goals again.

  3. Greater Legal Protection: This new understanding provides better protection under the law, giving you a fairer chance in the immigration process.


Our Recent Victory

At the Law Office of S.A. Peterkin, we recently used this new precedent to win a case involving multiple marijuana charges. Our client, who faced the possibility of deportation, is now on the path to achieving U.S. citizenship. This victory is not just a win for our client but a beacon of hope for many others in similar situations.


Moving Forward

If you are dealing with Florida marijuana charges and worried about your immigration status, now is the time to act. Contact us at 321-325-1125 to discuss how this new legal development can help you. We are here to fight for your rights and help you navigate the complexities of immigration law.


Conclusion

This victory is a reminder that the legal landscape is always evolving, and with the right legal support, you can find new pathways to achieving your dreams. At the Law Office of S.A. Peterkin, we are dedicated to staying at the forefront of these changes to provide the best possible outcomes for our clients.


Reach out to us today to see how we can assist you in light of this significant legal development. Together, we can turn challenges into opportunities and help you build a brighter future in the United States.


For more information and to schedule a consultation, visit our website or call us directly at 321-325-1125. We look forward to helping you on your immigration journey.

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