Safe Havens

(B) Hashish.  The federal criminal statutory definition of “marijuana” includes concentrated marijuana, or hashish, as well.[43]  The INS General Counsel found conviction of simple possession of 30 grams or less of hashish or other cannabis products also falls within the statutory marijuana exception to the controlled substances conviction deportation ground, and is subject to a waiver of inadmissibility as well.[44]  (In the context of the INA § 212(h) waiver, however, the General Counsel recommended that the INS deny a waiver to someone who possessed an amount of hashish equivalent to more than 30 grams of marijuana leaves.[45])  The 30-gram exception to the ground of deportation therefore applies to possession of small amounts of hashish as well, since marijuana includes hashish.

[43] 21 U.S.C. § 802(16) (defining marijuana to include all parts of the Cannabis plant, including hashish).

[44] INA § 212(h), 8 U.S.C. § 1182(h).  

[45]   See INS General Counsel Legal Opinion 96-3 (April 23, 1996), withdrawing previous INS General Counsel Legal Opinion 92-47 (August 9, 1992).