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Case Law Update
novel psychoactive substance

This issue of the NAMSDL Case Law Update focuses on several recent federal and state court decisions involving defendants accused of manufacturing and/or selling novel psychoactive substances. A number of the cases encompass U.S. Courts of Appeal applying the U.S. Supreme Court’s 2015 holding in McFadden v. United States concerning a defendant’s requisite knowledge to support a conviction under the federal Analogue Act. Other cases include intermediate appellate courts in Kansas and Utah addressing challenges to state controlled substance laws. In the Update, cases are divided by type of court (federal or state) and then listed in approximate descending order of appellate level. In addition, state laws and courts differ in their spelling of the word analogue (analog). Each case write-up within this Update contains the spelling used in the respective opinion. Read more »

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