Tuesday, October 31, 2017

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:




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