Safe Havens

(C)  State Rehabilitative Relief.  Federal First Offender Act-like treatment in state court eliminates all immigration consequences of first offense simple possession of any drug or gratuitous distribution of a “small amount” of marijuana where the defendant would have been eligible for FFOA treatment if prosecuted in federal court.[204]

            The rule has been extended to convictions of possession of drug paraphernalia and logically includes other more minor controlled substances convictions of offenses that are not prohibited under federal law, such as being under the influence of drugs, or being in a place in which drugs are used.[205] 

[204] Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir. 2000); 21 U.S.C. § 841(b)(4).

[205] Cardenas-Uriarte v. INS, 227 F.3d 1132 (9th Cir. 2000).