Home U.S. Supreme Court decides federal drug prosecutors had gone too far: ACLU of Virginia agrees
News

U.S. Supreme Court decides federal drug prosecutors had gone too far: ACLU of Virginia agrees

AFP

acluIn a unanimous decision today written by Justice Clarence Thomas about a case out of Charlottesville, the United States Supreme Court found in McFadden v. United States that the Controlled Substance Act and its Analogue Act require the government to prove that the defendant knew he was distributing a substance that is substantially similar to a regulated substance.

“Today the U.S. Supreme Court made a common-sense decision – the government cannot convict an individual of violating federal drug laws if that person doesn’t know the substance is illegal,” said Rob Poggenklass, Tony Dunn Legal Fellow at the ACLU of Virginia.  “While today’s decision dealt with a federal law, we are fortunate that the Virginia General Assembly has already embraced the basic due process requirement that an individual should not face a criminal penalty for an act that the person did not know was a crime.”

In this case, the defendant was convicted of selling several bath salts, substances that are not on the list of controlled substances.  The government argued that it did not have to prove that the defendant knew the bath salts were similar to substances on the prohibited list, and the U.S. Court of Appeals for the Fourth Circuit agreed.  Today, the U.S. Supreme Court unanimously vacated the Fourth Circuit’s decision.

 
 




Featured Video

 

AFP

AFP

Have a guest column, letter to the editor, story idea or a news tip? Email editor Chris Graham at [email protected]. Subscribe to AFP podcasts on Apple Podcasts, Spotify, Pandora and YouTube. Support AFP by signing up for our newsletter and/or powering our work with a one-time or monthly contribution.

Latest News

ben cline
Politics

Reese Bull | Ben Cline: The barbarian behind the scenes in Congress

beth macy ben cline
Politics

Tracy Pyles | It is time to end this cruelty; Beth Macy will, Ben Cline won’t

“Until this moment, Senator, I think I never really gauged your cruelty, or your recklessness.” So said the Army’s counsel, Joseph Welch, during the McCarthy hearings in 1954.

uva football fans
Football, Go 'Hoos

UVA Football: Three overreactions from the frustrated fanbase

Eight games into a lost season, UVA Football fans, understandably, are overreacting, because that’s what college football fanbases do when things go sour.

uva football jaylen jones
Football

NC State fires football coach Dave Doeren after loss at Stanford, 3-4 start

waynesboro
Local

Waynesboro: City hires firm to help attract new retailers, restaurants

tammy thorpe
Virginia

Warrenton: Virginia State Police highlights 1988 Tammy Thorpe cold case

open house real estate sign listing agent
Politics, Virginia

Virginia housing sales market cooling: Slow economy making it a buyers’ market