Coalition letter to members of the Senate regarding pending legislation that would expand the drug scheduling and penalties for synthetic substances, as proposed in the Dangerous Synthetic Drug Control Act of 2011 (S. 605), the Combating Dangerous Synthetic Stimulants Act of 2011 (S. 409), and the Combating Designer Drugs Act of 2011 (S, 839). Also referenced: Synthetic Drug Control Act of 2011 (H.R. 1254).
Brief of Amici Curiae National Association of Criminal Defense Lawyers and Stanford Law School Justice Advocacy Project in Support of Petition for Rehearing En Banc.
Argument: Rehearing en banc is warranted because the application of Proposition 47 to federal anti-recidivism statutes is an important and recurring issue. Proposition 47 embodies the will of California voters to decrease both direct and indirect penalties for minor drug possession and to reduce prison populations. The concerns animating Proposition 47 also apply at the federal level. Rehearing en banc is warranted because the panel decision is incorrect and conflicts with circuit precedent.
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of movant.
Argument: As applied to the substances at issue in this case – UR-144 and XLR-11 – 21 U.S.C. §813 and its accompanying definitional statute 21 U.S.C. §802(32)(A)(i) are unconstitutionally vague, and void for that reason.