NAMSDL Case Law Update
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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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This issue of the NAMSDL Case Law Update focuses on several recent court decisions and other ongoing cases of note involving marijuana laws and the use of marijuana. The Update includes two recent decisions by U.S. Courts of Appeal and one decision by the Supreme Court of Colorado. Topics addressed in the issue include viewpoint discrimination, the federal appropriations rider concerning marijuana prosecutions, contract enforceability, and federal preemption. Cases are divided by type of court (federal or state) and then listed in approximate descending order of appellate level. The next NAMSDL Case Law Update will address recent decisions involving novel psychoactive substances. Read more »

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