Criminal Defense of Immigrants

(B)  Aggravated Felony.  The aggravated felony drug trafficking category requires that the offense either involve trafficking or be a felony punishable under the federal controlled substances act.[187]  Simple possession of paraphernalia is not an aggravated felony because it is not punishable under federal law, and does not involve trafficking.  However, federal law does prohibit sale of paraphernalia,[188] which means that a federal or state conviction for sale of paraphernalia can be considered an aggravated felony.

[187] See § 19.56, supra.

[188] 21 U.S.C. § 863.