US
v. Kelly, No. 16-10460 (10-30-17)(Tallman w/Gould &
Watford).
This raises a "delegation" and other
constitutional challenges to DEA's temporary scheduling a controlled substance
(designer drugs). The 9th denied the
challenges. The 9th concludes that
Congress can delegate and that the DEA did not violate the non-delegation
doctrine when it temporarily scheduled ethylone (the drug here - Ectasy). The
DEA complied with the new for findings, and were sufficient. There was also fair notice and the rule of
lenity is not violated.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/10/30/16-10460.pdf
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