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Drug Possession and Immigration Consequences in California

By San Diego Attorney on July 26, 2025

When a non-citizen is arrested for drug possession in California, the stakes extend far beyond fines and potential jail time. Criminal charges can also trigger severe immigration consequences, including removal (deportation), denial of naturalization, or permanent inadmissibility to the United States.

For immigrants—both lawful or undocumented—a conviction for even minor drug offenses can become life-altering. Understanding the overlap between criminal and immigration law is essential when defending a non-citizen against drug charges.

Why Drug Charges Are So Dangerous for Non-Citizens

Drug crimes are among the most common triggers for California drug charge deportation actions.

Under the Immigration and Nationality Act (INA), a non-citizen can be deported or denied entry into the U.S. if they are convicted of certain offenses involving controlled substances.

Possible immigration consequences of a drug conviction include:

• Deportation (removal from the U.S.)
• Inadmissibility (denial of green card or visa)
• Denial of naturalization
• Mandatory immigration detention
• Loss of Temporary Protected Status (TPS) or Deferred Action

Even legal permanent residents (green card holders) are not immune. A single misdemeanor possession conviction—such as for marijuana, methamphetamine, or prescription drugs without a valid prescription—can result in severe immigration consequences.

What Is the Difference Between Inadmissibility and Deportability?

Two major concepts govern how immigration law treats criminal offenses. Both categories apply to non-citizen drug arrests.

Inadmissibility

An individual is considered inadmissible if they are not eligible to enter or remain in the U.S. This includes being denied adjustment of status (green card), visas, or re-entry after leaving the country.

Under INA § 212(a)(2)(A)(i)(II), any controlled substance violation—other than a single offense involving 30 grams or less of marijuana—can render someone permanently inadmissible. This is referred to as inadmissibility controlled substance and has lifelong implications.

Deportability

A lawful immigrant already inside the U.S. can be removed from the country if convicted of a deportable offense. Under INA § 237(a)(2)(B), this includes any conviction relating to a controlled substance (again, excluding certain minor marijuana offenses).

Drug Convictions That Trigger Immigration Penalties

Almost any drug-related conviction under California law can lead to immigration problems. Common offenses include:

• HS § 11350 – Possession of a controlled substance
• HS § 11377 – Methamphetamine possession
• HS § 11357 – Marijuana possession
• HS § 11352 – Sale or transportation of drugs
• HS § 11379 – Intent to distribute methamphetamine

While marijuana use is now legal under California law, it is still illegal under federal law. As a result, even marijuana-related arrests can result in immigration consequences and criminal conviction classifications, particularly for non-citizens.

What If You Were Not Convicted?

Even if a case is dismissed or diverted through a treatment program, immigration consequences may still follow.

Immigration law does not require a formal conviction to trigger penalties—admitting to the essential elements of a drug offense can be enough to render someone inadmissible. This is why it is critical that non-citizen drug arrests are handled with both criminal and immigration consequences in mind.

A plea that may seem like a good deal in criminal court could destroy your chances of staying in the country legally.

Diversion Programs: Do They Protect Immigrants?

California offers several alternatives to incarceration for first-time and low-level drug offenders, such as:

• Pretrial diversion (Penal Code § 1000)
• Drug Court
• Proposition 36 rehabilitation

While these programs allow participants to avoid formal convictions upon successful completion, they are not always safe for immigration purposes. The federal immigration system may still view participation in a diversion program as an admission of guilt or equivalent to a conviction.

For example, if a non-citizen enters a drug treatment program under a court agreement, the U.S. Citizenship and Immigration Services (USCIS) could still view that as grounds for inadmissibility or denial of a green card.

Every plea or agreement should be evaluated by a defense attorney who understands both the criminal and immigration implications.

Defending Drug Possession Cases With Immigration in Mind

The goal in a San Diego drug possession case for a non-citizen is not just to avoid jail but to avoid immigration consequences entirely. This requires careful case analysis and strategic negotiation.

Key defense goals include:

1. Avoiding a formal conviction
2. Securing a non-drug-related charge reduction (such as trespassing or disturbing the peace)
3. Pleading to a statute that does not reference a controlled substance
4. Preventing any admissions on the record that implicate drug use or possession

An experienced criminal defense attorney in San Diego will work to develop legal defenses, such as:

• Unlawful search and seizure (Fourth Amendment violations)
• Lack of possession or control
• Lack of knowledge of the substance
• Medical necessity or valid prescription

In some cases, the best strategy may involve litigating the case rather than accepting a plea deal that could result in removal from the U.S.

How a Criminal Defense Lawyer Can Help Non-Citizens

Attorney James N. Dicks of jD Law Criminal Defense Attorneys has over 30 years of experience handling serious drug charges in San Diego. As a Certified Criminal Law Specialist and former LAPD investigator, he understands both the law and how prosecutors build their cases.

For non-citizens, attorney Dicks uses this insight to craft tailored defense strategies that protect against both criminal penalties and immigration fallout. He also works closely with immigration counsel when necessary and takes a proactive approach to preserving your legal status.

Whether you are on a visa, green card, or undocumented, attorney Dicks can help ensure your criminal defense does not jeopardize your future in the United States.

What To Do If You Are a Non-Citizen Arrested for Drug Possession

If you are a non-citizen facing drug possession charges in California, take the following steps immediately:

1. Do not plead guilty without speaking to a criminal defense lawyer.
2. Do not make any admissions to police, immigration officers, or court staff.
3. Ask your attorney if they understand the immigration consequences of criminal pleas.
4. Request that your attorney consult an immigration lawyer if needed.
5. Act quickly to preserve all possible defense options.

Protect yourself by working with a San Diego drug crime defense lawyer who prioritizes both your criminal and immigration future.

Speak With a Criminal Defense Attorney Who Understands Immigration Law

At jD Law Criminal Defense Attorneys, we understand that for immigrants, a drug arrest is about more than avoiding jail. It is about staying in the country, keeping your family together, and preserving your path to citizenship.

We fight to protect your rights at every stage, from arrest through trial or dismissal. Call (760) 630-2000 for a free consultation today.