Taz Tablets

Decent Essays
Although David could have known that the intense caffeine effects and that the mode of ingestion were similar to a substance on the federal drug schedules, that knowledge is not enough. R. at 6. “A defendant with knowledge of the features defining a substance as a controlled substance analogue knows all of the facts that make his conduct illegal.” McFadden v. U.S. 135 S. Ct. 2298, 2301 (2015). The McFadden Court goes further in saying that knowledge of the physical composition of the substance could give rise to treatment as an analogue is enough to satisfy the knowledge requirement. Id. at 2305. David only had the knowledge that the Taz effects were similar to coffee. R. at 6. David did not have knowledge of the chemical structure of the…show more content…
The U.S. v. Hassan Court dictated the burden imposed on the government when determining knowledge of drug characteristics. The Court said that "The government has the burden to prove that there is evidence sufficient to prove beyond a reasonable doubt that the defendant “knew that he was dealing with a substance regulated by federal drug abuse laws. . . .” U.S. v. Hassan, 578 F.3d 108, 124 (2d Cir. 2008). As stated above, David Fallsbauer was innocently trying to create a caffeinated substance for college-aged students to enhance their energy level while studying and during night-life. R. at 6. He knew that there were different ways to ingest the pills, including snorting or drinking dissolved tablets in liquid. R. at 6. His initial knowledge of the existence of Taz came solely from his nephew. He informed David how to make Taz, and David gave his nephew a sampling from his first batch to verify that they were correct. R. at 6. David would not have given any Taz to his young, 20 year old nephew to test if he thought it was a drug, or even similar to a drug in any regard. David merely saw the opportunity to be the supplier of what was in demand in order to help busy students and professionals. His intentions were pure in making the tablets that he thought were legal and not harmful. He said,
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