Immigration Consequences of Prop 36 and Other New California Offenses: Part One, Controlled Substance Offenses

This advisory discusses the immigration consequences of a conviction for a controlled substance offense under California Prop 36, specifically Cal. H&S Code § 11395. This advisory explains the immigration consequences of a criminal plea to a Prop 36 controlled substance offense. It outlines criminal defense strategies for defenders to avoid these pleas and outlines removal defense strategies for immigration practitioners where the plea cannot be avoided.