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The Champion

May 2015 , Page 34 

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McFadden v. United States: Deconstructing Synthetic Drug Prosecutions

By Jeffrey C. Grass

One of the great mistakes is to judge policies and programs by their intentions rather than their results. 

―— Milton Friedman1  

In order to convict an individual of distribution of a controlled substance analogue, must the government prove that the individual knew that the substance constituted a controlled substance analogue, or is it sufficient merely to prove that the individual distributed the substance with the intention that it be for human consumption?

Law Enforcement Activity

Since January 2014, the Drug Enforcement Administration (DEA) has executed Project Synergy Phase II, an ongoing operation targeting suspected synthetic drug traffickers throughout the United States.2 The DEA, Customs and Border Protection, Immigration and Customs Enforcement, Homeland Security Investigations, Federal Bureau of Investigation, Internal Revenue Service, and local authorities have served arrest and search warrants in 35 states and five countries, seizing more than $5

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