(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).

Third Circuit

AGGRAVATED FELONY - DRUG TRAFFICKING - DISTRIBUTION
Jeune v. Attorney Gen. of the U.S., 476 F.3d 199 (3d Cir. Feb. 20, 2007) (Pennsylvania conviction for violation of 35 Pa. Cons. Stat. Ann. 780-113(a)(30), manufacture, delivery, or possession with intent to manufacture or deliver, of a controlled substance, is not categorically an "aggravated felony" drug trafficking crime because the offense may be committed for personal use, and is not necessarily an offense punishable as a felony under federal law, since the offense may be violated by distribution of a small amount of marijuana without remuneration, which is treated a misdemeanor under 21 U.S.C. 841(a)(1)), following Garcia v. Attorney General of the United States, 462 F.3d 287 (3d Cir.2006) (conviction of violating 35 Pa. Cons.Stat.Ann. 780-113(a)(30) is not categorically an aggravated felony, since not every violation of the manufacturing provision involves trading or dealing, as there may be circumstances in which a defendant simply manufactured drugs for his own personal use).

Fifth Circuit

AGGRAVATED FELONY - DRUG TRAFFICKING - SIMPLE POSSESSION
Salazar-Regino v. Trominski, __ F.3d __, 2007 WL 457992 (5th Cir. Feb. 14, 2007) (vacating prior decision in light of Lopez v. Gonzales, 549 U.S. ___, 127 S. Ct. 625 (2006), and remanding to BIA).

Other

CONTROLLED SUBSTANCES " UNIDENTIFIED DRUG " PAULUS DEFENSE
Richard Collins, Esq., thinks Chorionic Gonadatropin is not a federally controlled anabolic steroid, although prohibited in California and New York. Convictions under California Health & Safety Code 11377 and 11378 are not categorically offenses relating to a controlled substance because California regulates "numerous substances that are not similarly regulated by the CSA. Ruiz-Vidal v. Gonzales, 473 F.3d 1072, 1078"79 (9th Cir. 2007); see also Mielewczyk v. Holder, 575 F.3d 992, 995 (9th Cir. 2009).