Eighth Circuit Declines to Extend Realistic Probability Test to Overbroad FL Cannabis Statute

The Eighth Circuit has determined that Florida statutes related to cannabis are overbroad because they include parts of the cannabis plant explicitly excluded from the federal definition. Because the statute was overbroad on its face, the Eighth Circuit determined that the realistic probability test did not apply, even in the context of a petitioner applying for relief from removal.

The full text of Lopez Gonzalez v. Wilkinson can be found here:

https://ecf.ca8.uscourts.gov/opndir/21/03/193412P.pdf