Drug Distribution- FEDERAL


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Federal Drug Distribution- 21 U.S.C. 841

In order to sustain its burden of proof for the federal drug crime of distribution of a controlled substance, the government must prove the following two (2) essential elements beyond a reasonable doubt: (1) The Accused knowingly and intentionally distributed a controlled substance and (2) at the time of such distribution, the Accused knew that the substance distributed was a controlled substance.
The term “to distribute”, as used in these instructions, means to deliver or to transfer possession or control of something from one person to another.
The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of title 21 U.S.C. 812. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1954.
The term “narcotic drug” means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(A) Opium, opiates, derivatives of opium and opiates …

(B) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates.

(C) A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in clause (A) or (B).

(D) Cocaine, its salts, optical and geometric isomers, and salts of isomers.

(F) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (A) through (E)
The government need not prove the actual amount of the controlled substance.  The government must prove beyond a reasonable doubt, however, that a measurable amount of the controlled substance was, in fact, knowingly and intentionally distributed by the Accused.

It is also not necessary for the government to prove that the Accused knew the precise nature of the controlled substance or narcotic drug that was distributed. The government must prove beyond a reasonable doubt, however, that Accused did know that some type of controlled substance or narcotic drug was distributed.
A physician or pharmacist may not be convicted when he or she dispenses controlled substances in good faith to patients in the regular course of professional practice. Only the lawful acts of a physician or pharmacist, however, are exempted from prosecution under the law.
A person is entrapped when that person has no previous intent or disposition or willingness to commit the crime charged and is induced or persuaded by law enforcement officers [or by their agents] to commit the offense.
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