Month: June 2022

US Supreme Court Holds: Doctors prosecuted incorrectly for authorized dispensing of authorized prescriptions

In Summary, the court concludes that §841’s “knowingly or intentionally” mens rea applies to the “except as authorized” clause. This means that in a §841 prosecution in which a defendant meets his burden of production under §885, the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner. 

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