In 1996, the INS General Counsel withdrew a prior legal opinion and ruled that "simple possession of 30 grams or less of marijuana" includes all other cannabis products, including hashish, that fall within the broad federal definition of marijuana provided in 21 U.S.C. 802(16).  INS General Counsel Legal Opinion 96-3 (April 23, 1996), withdrawing INS General Counsel Legal Opinion 92-47 (Aug. 19, 1992) and reaffirming memoranda dated August 11, 1994, and February 17, 1994. The General Counsel also recommended, however, that a 212(h) waiver be denied to a noncitizen possessing an amount of cannabis product the equivalent of more than 30 grams of marijuana leaves. For equivalency determinations, the General Counsel Opinion referred to 18 U.S.C. App. 4 2D1.1 (Drug Equivalency Table, Schedule I, Marijuana) used for sentencing, which states, for example, that 30 grams of cannabis resin is equivalent to 150 grams of marijuana, thirty grams of hashish oil is equivalent to 1500 grams of marijuana, thirty grams of Tetrahydocannabinol (THC) is equivalent to 5,010 grams of marijuana.  The Genco opinion noted that 6 grams of cannabis resin is the equivalent of 30 grams of marijuana leaves. A conviction for being under the influence of hashish or another cannabis product should also qualify for the marijuana exception to deportability and the 212(h) waiver of inadmissibility. See, e.g., Flores-Arellano v. INS, 5 F.3d 360 (9th Cir. 1993). Thanks to Ann Block for this information.

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