Offense
Sell, Give away, Transport for sale (1/1/16 statute), Transport for personal use (pre-1/1/16 statute) PCP, etc.
or
Offer to do any of above
Aggravated Felony (AF)
Divisible:
Offering: Offering to sell, give away, etc. is not an AF, but only in imm proceedings arising in the Ninth Circuit. See Advice.
Yes AF: Sell, give away, post-1/1/16 transport
Not AF: Pre-1/1/16 transport
Crime Involving Moral Turpitude (CIMT)
Sale, transport for sale, offering to do these is a CIMT. Conservatively assume giving away for free is a CIMT.
Transport based on pre-1/1/16 conduct should not be a CIMT because the minimum conduct is for personal use
Other Removal Grounds
Yes, assume this is a deportable and inadmissible drug conviction.
Advice and Comments
Review CS defenses at Advice for 11377 before pleading to this offense. If nothing else, a plea to “an analog” of the CS may create a defense; see 11377, sec. B.4.
Plead to “offering to” in order to avoid an AF. This will prevent the conviction from being an AF in immigration proceedings held within the Ninth Circuit, although it still
Transportation. Minimum conduct for transportation under 11379.5 includes for personal use, for offenses committed until 1/1/16. This is not an AF. As of 1/1/16 the transportation is for sale and is an AF. (Compare to 11357, 11379, which changed to transport for sale as of 1/1/14.)