Offense
Unlicensed practice of medicine
Aggravated Felony (AF)
Not an AF
Crime Involving Moral Turpitude (CIMT)
Should not be a CIMT because it’s a regulatory offense. See B&P C 25658.
Other Removal Grounds
No Should not be a conviction of a controlled substance (CS) offense, but see other defense options at H&S C 11377. See Advice.
Advice and Comments
B&P C 2052. See also B&P C 2051.
This wobbler might be accepted as a substitute for a drug charge. (For example, it was extended to an owner of a medical practice who did not themselves practice1See, e.g., People v. Perry, No. D054821, (Cal. Ct. App. Jul. 29, 2010) (unpublished) (upholding conviction of owner of medical marijuana practice despite the fact that the person didn’t treat patients himself, because “the statute makes no distinction between the practice of medicine and the business side of managing a medical practice”).). Because it has no element relating to specific substances it never should be held a CS offense, but best practice is to remove mention of specific CS in all documents in record of conviction