Eleventh Circuit: Fuad Fares Fuad Said v. U.S. Attorney General

 Given the plain language of the proscription, and the fact that the wider prohibition encompasses actual (as opposed to hypothetical) substances, the state crime isn't a valid immigration predicate, as the divergence is significant enough to constitute, as a matter of law, a reasonable probability of prosecution under the state law for acts that would exceed the reach of the federal law.

Fuad Fares Fuad Said v. U.S. Attorney General