Criminal Defense of Immigrants

(B)  Drug Addict.  Drug addiction in the PHS regulations is defined to include the non-medical use of a controlled substance “which has resulted in physical or psychological dependence.”  Drug addict is defined under 42 U.S.C. § 201(k) as a person who has “lost the power of self control” over his or her addiction, or whose habitual drug use poses a threat to public morals, health, safety, or welfare.  A “mere user” is not an addict,[84] but conviction of use or a finding of drug abuse carry separate immigration penalties.

[84] See Matter of KCB, 6 I. & N. Dec. 374 (BIA 1954) (conviction for use or being under the influence of a controlled substance does not necessarily show addiction).