Proposition 207, the Safe and Smart Act, passed into law in November 2020, legalized marijuana in Arizona for adult personal use. Arizona Prop 207 allows adults to have up to six marijuana plants at home, or up to 12 plants if there are two or more adults living in the home.
A Peoria man is now facing deportation for growing five extra marijuana plants than what is legally allowed.
Dennis Mejic, 53 years-old, suffers from chronic shoulder pain and has had a medical marijuana card for pain from years of construction work. Mejic had been growing 17 plants to sustain his supply. Peoria Police initiated a search warrant on his home, after Mejic believes a neighbor complained about the marijuana smell. Police found 17 plants growing in two different rooms of his house.
Mejic went before a judge, and negotiated a guilty plea deal to one count of ‘Attempt to Commit Production of Marijuana,’ which is a Class 6 felony. After a year of probation, his charge was reduced to a misdemeanor.
Mejic assumed the situation was behind him, however ICE got involved and they charged him with an aggravated felony, which is automatic detention and deportation. He was detained for nine months at an immigration detention facility in Eloy, and was ultimately granted bond. Mejic and his attorney have been fighting this case, declaring the crime is not serious enough for deportation.
His attorney’s argument is that he grew 5 more plans than he should have and that he never sold marijuana and did not distribute or transport it.
Mejic’s fate on his future in the United States is in the hands of the government. They ultimately make the deportation decision even though he is a permanent U.S. resident. The U.S. is the only country he has ever known. He moved to America when he was young from a country that no longer even exists. He was a citizen of Yugoslavia, which has since been separated. He is uncertain as to where they would even send him.
During last week’s court hearing, Mejic learned that his case was pushed back another year.
For now, Mejic will continue to hope his case is dropped and he is allowed to remain in the United States. If marijuana use becomes legal at the federal level, it will also help his case for not being deported.