Safe Havens

(B)  Crimes of Moral Turpitude.

Many drug convictions will not be considered to be crimes involving moral turpitude as they are generally regulatory offenses.  See § 7.108, supra.  Some drug convictions, however, will fall into the CMT category.  A conviction for distribution of cocaine, for example, is considered a crime involving moral turpitude, where knowledge or intent is an element of the offense.[4]  As with all crimes of moral turpitude, the key factor is whether the conviction required as an essential element some form of fraud, theft, malice, or evil intent.[5]

[4] Matter of Khourn, 21 I. & N. Dec. 1041 (BIA 1997).  The conviction had been waived by § 212(c), but then the respondent committed a CMT and the government successfully argued that this was the second CMT, rendering the respondent deportable.  The BIA reviewed 21 U.S.C. § 841(a)(1) and found the offense was primarily criminal, not regulatory, and that sale of drugs is depraved and immoral conduct.

[5] See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § 9.6 (2005).