Offense
Unlicensed furnishing or dispensing prescription drug, CS, or “dangerous” drug or device.1A “dangerous drug” or “dangerous device” is defined generally as a drug or (medical) device unsafe for self-use. (B&P 4022, 4023.) These cannot ordinarily be furnished without a prescription. (See B&P 4059 et seq.). A “drug” is defined at H&S C § 11014 to include more substances than those included under the federal Controlled Substance Act; it is overbroad and indivisible as a controlled substance offense for immigration purposes.
Misdemeanor
Aggravated Felony (AF)
Not an AF
Crime Involving Moral Turpitude (CIMT)
Should not be a CIMT because it appears to be a regulatory offense, but no case precedent.2See, e.g., Dodd v. State of California Veterinary Med. Bd., No. A124052, 2009 WL 4643931, at *1 (Cal. Ct. App. Dec. 8, 2009) (unpublished) (licensed veterinarian offering alternative medicine).
Other Removal Grounds
Should not be controlled substance offense.
Advice and Comments
H&S 11352.1(b)
Should not be held divisible between drug, CS, and device.3See CALCRIM 2966, which does not require a jury to decide unanimously between alcohol, drugs, or controlled substances.Best practice is to plead to “dangerous device” and sanitize all documents in record of conviction. If not possible, specifying ”dangerous drug,” identifying a non-federally controlled substance, should avoid removability.
SB54: As a straight misdemeanor, no cooperation is permitted. See SB 54 advisory at www.ilrc.org/crimes-summaries.