NEITHER THE CURRENT MOOD OF THE COUNTRY NOR THE LEGISLATIVE HISTORY OF THE SECTION JUSTIFIES THE APPLICATION OF ITS PRESENT SEVERE PENALTIES TO THE SIMPLE POSSESSION OF MARIHUANA; THE HARRIS POLL INDICATED THAT APPROXIMATELY ONE-HALF OF THE COUNTRY FAVORS ITS DECRIMINALIZATION. AT THE PRESENT TIME, AN ALIEN IS DEPORTABLE EVEN IF THE STATE CONSIDERS THE OFFENSE OF POSSESSION OF MARIHUANA A MISDEMEANOR, AND UNLESS THE ALIEN OR HIS ATTORNEY IS AWARE OF THE IMMIGRATION CONSEQUENCES, HE MAY PLEAD GUILTY BECAUSE THE PENALTY IS LESS THAN THE COST OF CONTESTING THE ISSUE IN COURT. THE LEGISLATIVE HISTORY CLEARLY SHOWS THAT CONGRESS WAS CONCERNED WITH THE TRAFFICKING OF DRUGS RATHER THAN POSSESSION FOR PERSONAL USE. AN ALIEN IS SUBJECT TO DEPORTATION IF HE HAS BEEN CONVICTED AT ANY TIME OF A VIOLATION OF LAW RELATING TO THE ILLICIT POSSESSION OF MARIHUANA, AND THE STATUTE IS RETROACTIVE IN EFFECT. THE AVENUES OF RELIEF ARE SMALL. THE STATUTORY REQUIREMENTS FOR DEPORTATION ARE EXPLAINED AT LENGTH. A NOLO CONTENDERE PLEA IS SUFFICIENT TO ESTABLISH DEPORTABILITY, AND CONVICTION FOR A MISDEMEANOR RELATING TO POSSESSION HAS BEEN DEEMED SUFFICIENT FOR DEPORTATION. HOWEVER, THERE IS UNCERTAINTY AS TO THE DEFINITION OF CONVICTION IN STATES IN WHICH POSSESSION OF MARIHUANA INVOLVES ONLY CIVIL SANCTIONS. THERE IS ALSO UNCERTAINTY ABOUT WHEN A CONVICTION HAS BECOME FINAL. FINALITY OF CONVICTION IS A REQUIREMENT FOR DEPORTATION, BUT RELIEF FROM DEPORTATION CAN BE SOUGHT UNDER EITHER STATE OR FEDERAL EXPUNGEMENT STATUTES. STATE OR FEDERAL YOUTH CORRECTION ACTS SERVE AS A BAR TO DEPORTATION; HOWEVER, AN EXPUNGEMENT IN MOST CASES DOES NOT REMOVE THE GROUNDS FOR DEPORTATION. ALTERNATE FORMS OF RELIEF FROM THE THREAT OF DEPORTATION ARE SUGGESTED: (1) A DIRECT CONSTITUTIONAL ATTACK UPON SECTION 241 (A)(11) SUCH AS EMPLOYMENT OF THE EIGHTH AMENDMENT, (2) COLLATERAL POSTCONVICTION PROCEEDINGS SUCH AS THE PETITION TO WITHDRAW A GUILTY PLEA BECAUSE IT WAS MADE IN IGNORANCE OF THE DEPORTATION CONSEQUENCES, (3) DISCRETIONARY RELIEF SUCH AS THAT PROVIDED BY A WAIVER OF EXCLUDABILTY BASED ON RESIDENCE, AND (4) PRIVATE LEGISLATION PRESENTED BY A REPRESENTATIVE OR A SENATOR IN THE FORM OF A BILL. ALTOGETHER IT IS HOPED THAT CONGRESS WILL SOON AMEND THE SECTION. DETAILED FOOTNOTES ARE PROVIDED. (FCW)