The Third Circuit has determined that a Pennsylvania conviction for driving under the influence of marijuana is a controlled substance violation. The court determined that the statute criminalizes conduct more serious than simple possession of marijuana, and as such, does not qualify for the exception to deportability for possession of less than 30 grams of marijuana.

The full text of Sambare v. Attorney General can be found here:

https://www2.ca3.uscourts.gov/opinarch/181337p.pdf

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