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Supreme Court of the United States › Controlled Substances

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Bradley Arant Boult Cummings LLP

George Washington’s Whisky Distillery, 21st Century Edition

Bradley Arant Boult Cummings LLP on

You might think the laws of King Edward I of England (1239-1307), George Washington’s whisky distillery, and an 1807 “Treatise on the Law of Idiocy and Lunacy” have little to do with the federal criminal code of 2024. And you...more

ArentFox Schiff

Investigations Newsletter: Federal Court Dismisses $680 Million FCA Suit

ArentFox Schiff on

Federal Court Dismisses $680 Million FCA Suit - On July 23, a Maryland federal judge, Ellen L. Hollander, dismissed a $680 million False Claims Act (FCA) suit that was previously revived by the US Supreme Court. The suit...more

Dorsey & Whitney LLP

The Supreme Court Update - May 23, 2024

Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions today: Alexander v. South Carolina State Conference of the NAACP, No. 22-807: This case concerns the interplay between allegations of racial and partisan...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Upholds Marijuana User’s Second Amendment Rights – Will the Eleventh Circuit Do the Same?

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A question frequently encountered in the cannabis industry involves a cannabis user’s gun rights. This stems from the ever-present federal and state law tension overlaying marijuana in the United States — thanks to the...more

ArentFox Schiff

10 Legal Challenges for the Cannabis Industry in 2023

ArentFox Schiff on

1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

Butler Snow LLP

Half-Baked: An Overview of Current Cannabinoid Laws & Regulations

Butler Snow LLP on

Over 50 years ago President Nixon declared a “War on Drugs,” leaving housewives over the country proclaiming marijuana to be the devil’s lettuce and urging sweet Billy to steer clear of the gateway drug...more

Snell & Wilmer

Supreme Court Clarifies That Medical Providers Cannot Be Convicted Of Illegal Drug Distribution If Prosecutors Do Not Prove the...

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In Justice Breyer’s final opinion from the bench in a 9-0 decision, the United States Supreme Court clarified that for a physician to be criminally convicted of distributing a controlled substance, the Department of Justice...more

Steptoe & Johnson PLLC

Supreme Court Rules in Favor of Physicians in Overprescribing Cases

Steptoe & Johnson PLLC on

The U.S. Supreme Court unanimously agreed that in prosecuting cases against physicians under the Controlled Substances Act (CSA), if the alleged physician demonstrates that his or her conduct is authorized per the CSA, the...more

Smith Gambrell Russell

SCOTUS: Prosecutors Must Prove “Subjective” Knowledge to Convict Doctors Under the Controlled Substances Act

Smith Gambrell Russell on

On June 27, 2022, the United States Supreme Court clarified the “knowingly or intentionally” standard for criminal prosecutions against doctors accused of overprescribing addictive medications in violation of the Controlled...more

Oberheiden P.C.

U.S. Supreme Court Overturns Doctors’ Opioid Convictions in Ruan v. United States, Paving the Way for Additional Appeals

Oberheiden P.C. on

On June 27, 2022, the U.S. Supreme Court issued an important decision for doctors who have been convicted of violating the federal Controlled Substances Act in connection with the nation’s opioid crisis. In Ruan v. United...more

Quarles & Brady LLP

High Court Rules “State of Mind” Relevant in Prosecuting Prescribers under the Controlled Substance Act

Quarles & Brady LLP on

Last week the Supreme Court ("the Court") released a decision holding that the Federal Controlled Substance Act (the "Act") provision that criminalizes the dispensing of a controlled substance “except as authorized” includes...more

Husch Blackwell LLP

Supreme Court Reaffirms Mens Rea Requirement in Controlled Substance Health Care Fraud Cases and Government Burden to Prove...

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On June 27, 2022, the United States Supreme Court, by a vote of 9-0, overturned the lower circuit courts’ rulings affirming the convictions of two physicians of the unlawful distribution of controlled substances. In Ruan v....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Ruan v. United States

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On June 27, 2022, the U.S. Supreme Court decided Ruan v. United States, No. 20-1410, and Kahn v. United States, No. 21-5261, in a consolidated ruling. The Court held that when a criminal defendant is authorized to dispense...more

McGuireWoods LLP

Pain Management or Pill Mill? Supreme Court to Weigh in on Standards for Prosecutions of Practitioners Prescribing Narcotics

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Introduction - Next week, the Supreme Court will hear oral argument in a pair of cases that may reshape the landscape of legitimate prescribing under the Controlled Substances Act (“CSA” or “the Act”). In companion cases...more

Farrell Fritz, P.C.

Supreme Court To Hear Argument Addressing Doctors’ Good Faith Defense To Pill Mill Prosecutions

Farrell Fritz, P.C. on

The Supreme Court will hear argument next week in two consolidated cases that will decide what standard applies when a doctor asserts a good faith defense to a criminal prosecution for unlawful drug distribution. ...more

Husch Blackwell LLP

Supreme Court Declines To Hear Challenge To IRS Enforcement Of Cannabis Tax Rules

Husch Blackwell LLP on

On June 21, 2021, the U. S. Supreme Court declined to hear Eric D. Speidell, et al., Petitioners v. United States, which sought to overturn the Tenth Circuit Court of Appeals’ 2020 opinion on Speidell v. United States. In...more

Farrell Fritz, P.C.

The Biden Presidency: How Will Cannabis Business Be Taxed?

Farrell Fritz, P.C. on

Wither the Weed? It has been one month since Mr. Biden’s inauguration as President of the United States. Among the many questions being asked of President Biden is whether he will seek the decriminalization of cannabis....more

King & Spalding

Texas Medical Board Appeals Immunity Ruling

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In a notice of appeal filed on January 8, 2016, the Texas Medical Board appealed the Western District of Texas’s ruling that the Texas Medical Board was not entitled to state action immunity in an antitrust suit involving...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Mellouli v. Lynch

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On June 1, 2015, the U.S. Supreme Court decided Mellouli v. Lynch, holding that a legal permanent resident may not be deported for a state-law drug conviction unless that conviction necessarily involves a drug covered by the...more

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