Cazarez-Gutierrez v. Ashcroft, ___ F.3d ___ (9th Cir. Aug. 24, 2004)(state drug conviction is not an aggravated felony for immigration purposes unless it is punishable as a felony under the Controlled Substances Act or other federal drug laws named in the definition of a drug trafficking crime; since simple possession is only a misdemeanor under federal law, it cannot be an aggravated felony).
http://caselaw.lp.findlaw.com/data2/circs/9th/0272978p.pdf