On August 28, 2019, the marijuana decriminalization and expungement bill that passed in New York State earlier this year went into effect. Despite the changes to the law, people can still be arrested, charged, and fined for possessing a small amount of marijuana and these incidents may still lead to devastating immigration consequences. To try to dispel misconceptions and clarify the legal implications of this new law for immigrants, IDP has created a variety of new resources:
- Practice Advisory: New York Marijuana Decriminalization, Vacatur, and Expungement Legislation
- Practice advisory for immigration practitioners about the immigration consequences of decriminalized New York marijuana offenses under the INA and for DACA recipients, options for vacating convictions for marijuana possession entered before August 28, 2019, and emerging arguments about the immigration impact of expunged convictions.
- FAQ for Immigrant Community Members: New York Marijuana Law (English)/Ley de Marihuana de Nueva York: Preguntas frecuentes para inmigrantes (Español)
- Alert for community members about the reduced penalties for certain low-level marijuana possession offenses, expungement, and the impact on immigrants.
- FAQ for Immigration Attorneys and Advocates
- Alert for immigration attorneys and advocates about the negative immigration consequences of New York convictions for low-level marijuana possession and the impact of expungement and vacatur on immigrants.
- FAQ for Criminal Defense Attorneys and Flowchart: Advising Non-U.S. Citizens about Marihuana Violations
- Alert for criminal defense attorneys about advising non-U.S. citizen clients about the immigration consequences of New York marijuana violations, vacatur, and expungement legislation and a tool for advising non-U.S. citizen clients facing marijuana-related charges.
- Model 440.10(1)(k) Motion for Post-Conviction Relief (created with the Center for Appellate Litigation)
- Model briefing for vacatures based on the new provisions to CPL 440 that apply to low-level marijuana possession convictions from before August 28, 2019.