BIA finds Possession of Drug Paraphernalia "relates to" Simple Marijuana Possession
In Matter of MARTINEZ ESPINOZA, 25 I&N Dec. 118 (BIA 2009), the Board of Immigration Appeals found an alien who is inadmissible based on a drug paraphernalia offense may qualify for an INA § 212(h) Waiver of Inadmissibility under if that offense "relates to a single offense of simple possession of 30 grams or less of marijuana." The Board reasoned that possessing a pipe for smoking marijuana is a crime within the scope of marijuana possession because drug paraphernalia relates to the drug with which it is used. Before this decision, M&J's advice had always been, "Plead to the dope, not to the pipe." Now, it seems criminal defense attorneys may have more freedom to find the right plea agreement for first-time drug offenders. But this area has no absolutes; criminal defendants who are not citizens of the USA should always consult with a qualified immigration attorney before pleading guilty to any criminal offense.
