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Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Remand.
Argument: Sentencing for synthetic marijuana offenses presents new and growing policy challenges. The scientific basis for the government's proposed 1:167 conversion ratio is highly questionable. The 1:167 ratio lacked scientific basis when promulgated and it does not conform with current experience. Whether XLR-11 is most similar to THC remains questionable. The government's proposed 1:167 ratio has not received adequate judicial scrutiny. Applying the 1:167 ratio risks significant inequities.
