What is the test for knowingly or intentionally manufacturing, distributing, or possessing, a controlled substance?
MultiRegion, United States of America
The following excerpt is from U.S. v. Elliott, 955 F.2d 48 (9th Cir. 1992):
It is unlawful for any person knowingly or intentionally to "manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance." 21 U.S.C. 841(a)(1). In order to convict under section 841(a)(1), the government must prove the defendant acted knowingly or intentionally and that the substance was a controlled substance. See United States v. Klein, 860 F.2d 1489, 1494-1495 (9th Cir.1988).
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