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.
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 Dec. 8, 2009) (unpublished) (licensed veterinarian offering alternative medicine).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.