Current H&S C 11357(c) Current statute. See below for pre-Prop 64 version of 11357

Current H&S C 11357(c) Current statute. See below for pre-Prop 64 version of 11357

Offense

Possess 28.5 grams cannabis or 8 grams concentrated cannabis on school grounds, if age 18 years or older

Aggravated Felony (AF)

Not an AF, unless a prior possession is plead or proved
See Advice at 11357(a), above, for argument that Cal cannabis is not a CS for immigration purposes

Crime Involving Moral Turpitude (CIMT)

Should not be a CIMT

Other Removal Grounds

Assume this is a deportable and inadmissible CS offense with no 212(h) waiver. See Advice.

Advice and Comments

Section 11357(c) does not qualify for the 30 grams benefits discussed at 11357(a). Also see Advice at current 11357(a)(2), above, regarding the argument that mj as defined under California law is not a controlled substance for immigration purposes.

The BIA held that added elements such as a drug-free zone or jail prevent an offense from qualifying for the 30 gm marijuana benefits discussed in 11357(a).1See Matter of Moncado, 24 I&N Dec. 62, 67 (BIA 2007) (small amount of marijuana in a prison); Matter of Martinez-Zapata, 24 I&N Dec. 424, 430 (BIA 2007) (drug-free zone). To get those benefits, try to plead to 11357(a) or (b).

2020-10-22T16:20:44+00:00Updated January 29th, 2020|