Criminal Defense of Immigrants
§ 21.26 B. Distribution
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Distribution of a controlled substance is different from sale of a controlled substance because a person may distribute drugs without compensation. Generally, distribution will be considered a controlled substances offense and an aggravated felony. In a limited number of cases, however, counsel can argue that a conviction for gratuitous distribution of a small amount of marijuana for free is not a crime of moral turpitude or an aggravated felony, and may qualify for the controlled substances exceptions.
 See, e.g., Gerbier v. Holmes, 280 F.3d 297 (3d Cir. Feb. 8, 2002).
CONTROLLED SUBSTANCES " FLORIDA " STRICT-LIABILITY POSSESSION STATUTE HELD UNCONSTITUTIONAL FOR LACK OF MENS REA
Shelton v. Secretary, Department of Corrections, ___ F.Supp.2d ___ (M.D. Fla. Jul. 27, 2011) (Florida conviction of delivery of a controlled substance, in violation of Fla. Stat. 893.13, is vacated; the statute of conviction is unconstitutional on its face because it allows conviction of controlled substances on the basis of strict liability, eliminating mens rea as an element of a drug offense).