Knowledge of Drug Type Not Required

United States v. Hassan is a drug conspiracy case that addresses a frequent argument. Can defendants be convicted without knowledge of the type of controlled substances they are accused of conspiring to possess or distribute? Yes.

In an amended opinion, the Second Circuit Court of Appeals wrote, “We grant the government’s request that we amend the opinion to clarify that ‘[knowledge] with respect to the type and quantity of controlled substance is not required to convict a defendant under the CSA (Controlled Substances Act).’”

* United States v. Hassan, No. 05-6949 (2d Cir. August 21, 2009) (Calabresi, Pooler, CJJ)

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