Does a drug that was not properly identified as a Schedule A drug constitute a crime?
MultiRegion, United States of America
The following excerpt is from Harbin v. Sessions, 860 F.3d 58 (2nd Cir. 2017):
a drug was not properly identified, they merely demonstrate that the government must show the defendant to have sold some substance that appears in the schedules. See People v. Montoya , 244 A.D.2d 510, 664 N.Y.S.2d 106, 107 (2d Dep't 1997) ("Consequently, the substance was inadmissible, rendering the evidence against the defendant legally insufficient to establish that he sold a controlled substance."). The cases do not show that each substance creates a separate crime.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What constitutes a showing of duress less than what constitutes a defense to a crime? (MultiRegion, United States of America)
How to dispose of the allegations of the crime charged and the acts constituting the crime? ("New York", United States of America)
Does a defendant have a constitutional duty to identify and identify a potential witness in advance of a trial? (MultiRegion, United States of America)
What is the effect of a "futile amendment" to the meaning of a constitutional amendment to the constitution in the context of constitutional issues? (MultiRegion, United States of America)
Is the need to train police officers in the constitutional limitations on the use of deadly force so obvious that failure to do so would constitute deliberate indifference to constitutional rights? (MultiRegion, United States of America)
Does a properly executed affidavit of service by mail constitute a proper mailing? ("New York", United States of America)
Does the time lapse between the crime and the in-court identification of a witness to the crime constitute a "somewhat negative factor" in determining that the identification is unreliable? (MultiRegion, United States of America)
Does a state statutory crime constitute a crime involving moral turpitude? (MultiRegion, United States of America)
Is a conspiracy to commit a crime a different crime from a crime that is the object of the conspiracy? (MultiRegion, United States of America)
Does a prior conviction for violence constitute a crime of violence? (MultiRegion, United States of America)
