Identification Of The Case : Touby V. United States Essay

1245 Words Sep 20th, 2016 5 Pages
Identification of the case:
Touby v. United States, 500 U.S. 160 (1991).
Facts:
The Controlled Substance Act authorizes the Attorney General to add new drugs to five schedules of controlled substances. The act regulates or prohibits the manufacturing, distribution, and possession of these drugs. Due to the length of time required to come into compliance with these regulations, street dealers were able to alter the chemical makeup of their drugs which would closely mirror the effects of “scheduled substances”. One of these designer drugs is known as “Euphoria.” Dealers were able to manufacture and sell these “designer drugs” prior to the Government placing them on a schedule of controlled substances, staying one step ahead of the authorities and avoiding prosecution. (Daniel Touby, et ux., Petitioners v. United States, 1991)
In an effort to control the distribution of these drugs and hold “street dealers” accountable, Congress drafted §201(h) and added it to the Controlled Substance Act which granted the Attorney General the authority to change the schedule on these substances temporarily, if deemed appropriate and necessary. This would be done in order to protect the public from imminent danger. Contained within this action, the Attorney General should ensure that a temporary scheduling order would not be subject to judicial review. The Attorney General subsequently announced regulations transferring his temporary scheduling authority to the Drug Enforcement Administration.…

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