In a marijuana case, criminal defense counsel could try to enter a plea to possession of a controlled substance, in violation of Health & Safety Code 11350, instead of a marijuana offense, on the theory that the client possessed THC, which is on the controlled substances schedules applicable to Health & Safety Code 11350, et seq. Synthetic THC is on this schedule, but natural THC is the natural ingredient in marijuana, but a sympathetic prosecutor may not object, since the punishment for the Health & Safety Code 11350, et seq., offenses are far greater than for the analogous marijuana offenses. It is critical not to name the specific drug in the record of conviction, so the Paulus defense will work. Matter of Paulus, 11 I. & N. Dec. 274 (BIA 1965). There is no reason this would not work for sale, transportation, possession for sale, etc., as well as for possession offenses.

jurisdiction: 
Other

 

TRANSLATE