§ 21.8 5. Crime of Moral Turpitude Conviction
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Some drug offenses are considered crimes involving moral turpitude, which can trigger inadmissibility or deportation. 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. A conviction of simple possession, or an equivalent offense should not trigger inadmissibility as a crime of moral turpitude,  although it would trigger inadmissibility as a controlled substances offense.
 See Chapter 20, supra. See also N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § 9.8 (2005).
 Matter of Khourn, 21 I. & N. Dec. 1041 (BIA 1997). The conviction had been waived under INA § 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.
 Matter of Abreu-Semino, 12 I. & N. Dec. 775 (BIA 1968) (conviction for unlawful possession of LSD under 21 U.S.C. § § 331(q)(3) was not crime involving moral turpitude because intent was not an essential element of the offense).
 See § 21.4, supra.