H&S C 11390, 11391

H&S C 11390, 11391


Cultivate (11390) or
Transport, sell, give away, or offer to do this (11391)
Certain spores that produce mushrooms
See Advice.

Aggravated Felony (AF)

Offering is not an AF in the Ninth Circuit, and pre-1/1/16 transport is not an AF. See 11379.
But arguably no offense is, because not a federally defined substance. See Advice.

Crime Involving Moral Turpitude (CIMT)

Sale, transport for sale, offering to do these is CIMT.
Conservatively assume giving away for free is a CIMT.
Cultivation, and transport based on pre-1/1/16 conduct, should not be a CIMT because the minimum conduct is for personal use.

Other Removal Grounds

Might not be a CS offense as it appears not to involve a federally defined CS. If that is so, it is neither a deportable nor inadmissible CS conviction. See Advice.

Advice and Comments

CS offense: Involves “any spores or mycelium capable of producing mushrooms or other material which contain” e.g., psilocybin. While psilocybin is a federal CS, it appears that spores or mycelium are not on the federal list (or on almost any other state list). If that is so, this is not an AF or a deportable or inadmissible CS conviction.

Trafficking offense. To avoid a particularly serious crime, bad for refugees and asylees, do not plead to any offense relating to sale. Offer to give away is best option, although a possession offense is much better. See 11379 and see Relief Toolkit.

2020-05-19T16:40:44+00:00Updated January 29th, 2020|