The federal definition of "counterfeit" drugs is narrower than many state definitions of offenses of sale of non-controlled substances in lieu of controlled substances. Creating, delivering, or possessing a counterfeit controlled substance is a "drug trafficking" aggravated felony under 8 U.S.C. 1101(a)(43)(B), which includes "a drug trafficking crime (as defined in section 924(c) of Title 18)." Under 18 U.S.C. 924 (c) "the term drug trafficking crime means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.). Under 21 U.S.C. 841(a) -- which is part of the Controlled Substance Act -- offenses include "knowingly or intentionally -- (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance."      The federal definition of "counterfeit substance" is as follows: The term ''counterfeit substance'' means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser. 21 U.S.C. 802(7).      A state statute, such as California Health & Safety Code 11355 (offering to sell a controlled substance, and then delivering something else), arguably does not fall within the federal definition of sale of a counterfeit substance, since the non-drug sold does not bear a false manufacturers trademark and the manufacturer is not misrepresented. Therefore, it should not constitute an aggravated felony for deportation purposes under 8 U.S.C. 1101(a)(43)(B).