§ 21.26 (A)
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(A) Controlled Substances Offense. Distribution will generally be considered a controlled substances offense. Given the special treatment of distribution of a small amount of marijuana under 21 U.S.C. § 841(b)(4), such a conviction should, arguably, also fall within the “single offense involving possession for one’s own use of thirty grams or less of marijuana” exceptions or waiver. The Third Circuit, however, has rejected this argument.
 See, e.g., Berhe v. Gonzalez, 464 F.3d 74 (1st Cir. Sept. 26, 2006) (Massachusetts misdemeanor conviction for possession with intent to distribute, in violation of Mass. Gen. Laws Ch. 94C, § 32C(a), triggers deportation under INA § 1182(a)(2)(A)(i)(II)).
 See § 21.26(B), infra.
 See § 21.35, infra.
 Wilson v. Ashcroft, 350 F.3d 377, 380 n. 2 (3d Cir. Nov. 26, 2003) (“We do not read [21 U.S.C. § 841(b)(4)] to literally convert gratuitous distribution of marijuana into ‘simple possession’ as the term is used in INA § 212(h). Rather, subsection (b)(4) says that such small time distributors shall be ‘treated as provided’ in section 844.”).
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).