Distribution of a controlled substance is different from sale of a controlled substance because a person may distribute drugs without compensation.[226]  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.

 

[226] See, e.g., Gerbier v. Holmes, 280 F.3d 297 (3d Cir. Feb. 8, 2002).

Other

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).