McFadden v. United States
Issues
To obtain a conviction, does the government need to prove that a defendant knew that a substance he was distributing was substantially similar in chemical structure and effect to a controlled substance?
The Supreme Court will determine whether—to obtain a conviction under the Analogue Act—the government must prove the defendant had knowledge that a substance the defendant was distributing was a controlled substance analogue. McFadden claims that under the Analogue Act, the government must prove a defendant's knowledge of the illegal nature of a substance by showing that the defendant knew the substance was substantially similar to a controlled substance. The United States agrees with McFadden in that Analogue Act violations can be proven by demonstrating the defendant's knowledge of the illegal nature of a substance, but the United States counters that knowledge of illegality can be proven through circumstantial evidence. The Supreme Court’s decision will clarify a long-standing circuit split over the mens rea requirement the government must satisfy to prosecute Analogue Act violations, which will have further implications on the government’s ability to target street-level dealers under the Analogue Act.
Questions as Framed for the Court by the Parties
Whether, to convict a defendant of distribution of a controlled substance analogue, the government must prove that the defendant knew that the substance constituted a controlled substance analogue, as held by the Second, Seventh, and Eight Circuits, but rejected by the Fourth and Fifth Circuits.
In July 2011, in Charlottesville, Virginia, Stephen D. McFadden was arrested for illegally distributing a synthetic stimulant known as “bath salts,” whose effect was similar to illegal substances such as “cocaine, methamphetamine, and methcathinone.” United States v. McFadden, 753 F.3d 432, 437 (4th Cir.
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Additional Resources
- Devlin Barrett: ‘Bath Salts’ Pose a Hurdle for Prosecutors, The Wall Street Journal (Aug. 14, 2013).
- K. Burnell Evans: Man convicted in only second federal bath salts case to go to trial, The Daily Progress (Jan. 11, 2013).
- Charly Himmel: Justices to Assess Drug Charges Over Bath Salts, Courthouse News Service (Jan. 20, 2015).