Brief filed: 03/31/2016
United States v. Lababneh
2nd Circuit Court of Appeals; Case No. 15-2070-cr
On Appeal from the United States District Court for the Northern District of New York, docket no. 1:14-CR-189-1 (MAD).
Sentencing for synthetic marijuana offenses presents new and growing policy challenges. The scientific basis for the government's proposed 1:167 conversion ratio is highly questionable. The 1:167 ratio lacked scientific basis when promulgated and it does not conform with current experience. Whether XLR-11 is most similar to THC remains questionable. The government's proposed 1:167 ratio has not received adequate judicial scrutiny. Applying the 1:167 ratio risks significant inequities.
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