The Second Circuit has determined that the minimum conduct punishable under New York's sale of marijuana in the third degree statute is distribution of less than an ounce of marijuana for no remuneration.  As such, it includes conduct that is punishable as a misdemeanor in the federal Controlled Substances Act, and cannot be a categorical match to the definition of a drug trafficking aggravated felony.  In interpreting the Supreme Court's decision in Moncrieffe, the Court determined that one ounce (or roughly 30 grams) of marijuana qualified as a "small amount."  The court re-affirmed that when the plain language of the statute includes conduct outside the generic definition of the ground of removability, the petitioner need not show that there is a realistic probability that the state actually prosecutes this conduct.  

The full text of Hylton v. Sessions can be found here: