NAMSDL Case Law Update
NPS
 

This issue of the NAMSDL Case Law Update focuses on several recent court decisions, including a federal appellate court and the Supreme Court of Pennsylvania, involving defendants accused of manufacturing and/or selling novel psychoactive substances. Two of the cases involve assertions by defendants that the statutory language in federal or state controlled substance analogue provisions is unconstitutionally vague. The other two decisions address the calculation of federal sentencing guidelines for synthetic cathinones and a challenge to the sufficiency of a federal indictment for analogue violations. The cases discussed in this issue originate from Maine, Pennsylvania, Virginia, and Wisconsin. Cases are divided by the type of court (federal or state) and then listed in approximate descending order of appellate level. Read more »

Analogue Cathinone NOVEL PSYCHOACTIVE SUBSTANCE Analog case law caselaw Controlled substance issue Newsletter NPS Spice Synthetic Update

 

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 »

analog analogue case law caselaw Controlled substance newsletter novel psychoactive substance nps spice synthetic update

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