§ 21.37 G. Other Safe Havens
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CONTROLLED SUBSTANCES " KNOWLEDGE OF SUBSTANCE -- KHAT
United States v. Ali, 735 F.3d 176 (4th Cir. Nov. 14, 2013) (prosecution only needed to show defendants knew the that they distributed contained a controlled substance, and did not need to prove what the defendants knew the identity of the particular substance).
SAFE HAVEN - UNDER THE INFLUENCE, POSSESSION OF DRUGS OR PARAPHERNALIA ON VETERANS ADMINISTRATION PROPERTY
38 C.F.R. 1.218(a)(7) (2008) ("Entering property under the influence of any narcotic drug, hallucinogen, marijuana, barbiturate, amphetamine, or alcoholic beverage (unless prescribed by a physician) is prohibited. The use on property of any narcotic drug, hallucinogen, marijuana, barbiturate, or amphetamine (unless prescribed by a physician) is prohibited. The introduction or possession of alcoholic beverages or any narcotic drug, hallucinogen, marijuana, barbiturate, and amphetamine on property is prohibited, except for liquor or drugs prescribed for use by medical authority for medical purposes."); 38 C.F.R. 1.218(b)(15)-(18)(2008 maximum penalty six months imprisonment plus fine); see United States v. Maes, 546 F.3d 1066 (9th Cir. Oct. 10, 2008) (existence of this regulatory offense does not preclude prosecution from charging normal federal drug offenses).
DRIVING UNDER THE INFLUENCE - IMMIGRATION CONSEQUENCES
A conviction of driving under the influence of alcohol, standing alone, does not trigger deportability or inadmissibility under any ground. It may provide evidence of a health-related ground of inadmissibility, to be verified by a medical examination. If the conviction is aggravated DUI, under an offense with elements including driving on a suspended license in the same offense, it may be considered a crime of moral turpitude by the BIA. It may also constitute a negative factor in a discretionary decision such as a good moral character determination. It might also be considered a factor showing the noncitizen to be a "danger to the community" for bond purposes. If the foreign national has been incarcerated for more than 180 days, s/he will be unable to avoid that good moral character bar. INA 101(f)(7).