The Ninth Circuit has determined that “when conducting a categorical analysis for removability based upon a state criminal conviction, it is proper to compare drug schedules at the time of the petitioner’s underlying criminal offense, not at the time of the petitioner’s removal.” Thus, the federal government’s removal of hemp from the definition of marijuana in 2018 does not benefit an individual convicted of a California state marijuana offense prior to the change in federal law.
The full text of Medina-Rodriguez v. Barr can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/10/30/19-72681.pdf