Criminal Defense of Immigrants

(E) Regulatory Offenses.  Certain regulatory offenses are arguably related to “drug trafficking” offenses, but are not listed in any of the three listed controlled substances statutes.  For example, under federal law it is illegal knowingly to transport any hazardous waste to a facility that does not have a permit, or to treat, store, or dispose of any hazardous waste without a permit.[677]  Any person who knowingly transports, treats, stores, or disposes of a hazardous material, who knows that a person may be placed in imminent danger of death or serious injury, is punishable by a maximum of fifteen years in prison.[678]  State laws frequently have parallel criminal offenses.

A conviction for disposal of hazardous waste created in the course of manufacturing methamphetamines, for example, should therefore not be considered an aggravated felony drug trafficking offense, because there is no element of the offense that mentions controlled substances, there is no commercial element, and the federal offense is not punishable under any of the three listed federal controlled substances statutes.

[677] 42 U.S.C. § 6928.

[678] 42 U.S.C. § 6928(e).  Serious bodily injury includes unconsciousness.  42 U.S.C. § 6928(f)(6).  Even a conviction under this section is arguably not an aggravated felony.