Can a criminal conspiracy under section 182(a)(1) of the California Penal Code constitute a controlled substance?

California Penal Code section 182(a)(1) punishes a broader range of conduct than either 8 U.S.C. 1182(a)(2)(A)(i)(II) or 1227(a)(2)(B)(i). A defendant could be convicted under section 182(a)(1) for any criminal conspiracy, whether or not it relates to a controlled substance. A conviction under section 182(a)(1), therefore, cannot count as a controlled substance offense under the categorical approach. See, e.g. , United States v. Trent , 767 F.3d 1046, 1052 (10th Cir. 2014) (holding that a conspiracy conviction under Okla. Stat. Ann. tit. 21, 421(A) a statute with text similar to the text of Cal. Penal Code 182(a)(1) is not a serious drug offense under the categorical approach because "the statute could be violated in many ways that have nothing to do with drugs"), cert. denied , U.S. , 135 S.Ct. 1447, 191 L.Ed.2d 400 (2015), abrogated on other grounds by Mathis , 136 S.Ct. at 2251.

2. Divisibility