“The Court explained that the Analogue Act requires that an analogue intended for human consumption “be treated, for the purposes of any Federal law as a controlled substance in schedule I,” 21 U.S.C. § 813, so that the knowledge requirement for prosecutions under the Analogue Act is derived from the CSA. McFadden, 135 S. Ct. at 2304‐05. The CSA, in 21 U.S.C. § 841(a)(1), makes it unlawful “for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance,” and other provisions prohibit “knowingly or intentionally” importing “a controlled substance.” Id. § 960(a); see also id. § 952(a) (defining “[u]nlawful acts” to include a person “knowingly or intentionally import[ing] or export[ing] a controlled substance”). The CSA’s knowledge requirement applies both to the particular prohibited verbs (e.g., distribute, import, etc.) and to the object of the verbs (“a controlled substance”). McFadden, 135 S. Ct. at 2304. Accordingly, in a prosecution under the CSA, the Court held, “the Government [must] prove that a defendant knew he was dealing with a ‘controlled substance,’” and an analogous requirement applies “in prosecutions involving an analogue.” Id. at 2305 (emphasis added). Because the trial court had not instructed the jury in that manner, the Supreme Court remanded for consideration of whether the error was prejudicial or harmless.”
—>Accordingly, in a prosecution under the CSA, the --Court held, “the Government [must] prove that a defendant knew he was dealing with a ‘controlled substance,’” and an analogous requirement applies “in prosecutions involving an analogue.”
The analogue act will be ruled as too vague (as it has been several times) when it comes to d8 because the definition of hemp includes isomers and cannabinoids that aren’t d9
They won’t be able to prove we knew we were dealing with a schedule 1 if it falls in the legal definition of hemp with under .3% d9 because it isn’t a controlled substance by definition