What constitutes an aggravated felony under the Controlled Substances Act?

Any state crime that is a categorical match to an offense under the Controlled Substances Act ("CSA") constitutes an aggravated felony. See 8 U.S.C. 1101(a)(43)(B) ; 18 U.S.C. 924(c)(2). There is a three-step process for determining whether Lopezs violation of CHSC 11351 is punishable as a felony under the CSA:

[901 F.3d 1075]

Medina-Lara v. Holder , 771 F.3d 1106, 1112 (9th Cir. 2014) (citations and footnote omitted).

There is no dispute about the first two steps. First, possession of a controlled substance with intent to distribute is a felony under the CSA. See 21 U.S.C. 841(a)(1), (b)(1)(C). CHSC 11351 is categorically broader than this federal offense because "Californias list of controlled substances includes one or more substances not controlled by federal law." Medina-Lara , 771 F.3d at 1112. Second, CHSC 11351 is "divisible with respect to the type of controlled substance." United States v. Torre-Jimenez , 771 F.3d 1163, 1167 (9th Cir. 2014).