(D)  Crime of Moral Turpitude.  While distribution of a controlled substance under 21 U.S.C. § 841(a)(1) has been found to be a crime of moral turpitude, this decision was based on case law dealing with intentional and commercial drug trafficking. [238]  Arguably evil intent is not inherent in distribution of a small amount of marijuana without remuneration, and whether the offense is a crime of moral turpitude depends upon the statute of conviction.

[238] Matter of Khourn, 21 I. & N. Dec. 1041 (BIA 1997) (distribution of cocaine, under 21 U.S.C. § 841(a)(1) (1988), is a conviction for a crime involving moral turpitude, where knowledge or intent is an element of the offense).

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).