360(1)(c). Like § 922(g)(3), the state statute further provides that “‘controlled substance’ has the meaning ascribed to it in 21 U.S.C. § 802(6).” Id.

§ 202.360(3)(a) (citing 21 U.S.C. § 802(6)). FFLs are prohibited from selling a firearm to an individual “where the purchase or possession by such person of such firearm would be in violation of any State law.”

The ATF’s Overbroad Interpretation of §§ 922(d)(3) and (g)(3) Unconstitutionally Violates Second Amendment Rights, failing under both a strict scrutiny and an intermediate scrutiny analysis. 18 U.S.C § 922(d)(3) reads as follows: (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— […] (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) Meanwhile, 21 U.S.C § 802(6), the law defining “controlled substances,” reads as follows: The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.

The first issue presented is the application of the statutory phrase in the first prong of the analogue statute, which proscribes AM-2201 only if the chemical structure of those substances “is substantially similar to the chemical structure” of JWH -018. 21 U.S.C. § 802(32)(A)(i). The District Court for the District of Colorado, dismissed an indictment because this language was unconstitutionally vague as applied to another alleged analogue similar to those at issue here and expressed the view that “this standard incorporates a scientific term of art and requires reference to the appropriate fields of chemistry and pharmacology to determine its meaning.”

Likewise, M3 relies on unregistered, unlicensed, and otherwise unqualified non-medical employees to administer the anesthetic, which violates the CSA and state law alike. See Plaintiffs’ SOF ¶¶ 13, 26-28, 58-61; 21 U.S.C. § 822(a)(2) (“[e]very person who dispenses . . . any controlled substance shall obtain from the Attorney General a registration”); 21 U.S.C. § 802(10) (“dispense” includes “the administering of a controlled substance”); Drug Enforcement Administration, Office of Diversion Control, Practitioner’s Manual: An Informational Outline of the Controlled Substances Act (2006) (available at http://www.deadiversion.usdoj.gov/pubs/ manuals/pract/pract_ manual 012508.

-2346 [18 USCS §§ 2431-2346] (relating to trafficking in contraband cigarettes), sections 2421-24 [18 USCS §§ 2421-2424] (relating to white slave traffic), sections 175-178 [18 USCS §§ 175-178] (relating to biological weapons), sections 229-229F [18 USCS §§ 229-229F] (relating to chemical weapons), section 831 [18 USCS § 831] (relating to nuclear materials), (C) an act which is indictable under title 29, United States Code, section 186 [18 USCS § 186] (dealing with restrictions on payments and loans to labor organizations) or section 501(c) [18 USCS § 501(c)] (relating to embezzlement from union funds), (D) any offense involving fraud connected with a case under title 11 (except a case under section 157 of this title [18 USCS § 157]), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act [21 USCS § 802]), punishable under any law of the United States, (E) any act which is indictable under the Currency and Foreign Transactions Reporting Act, (F) any act which is indictable under the Immigration and Nationality Act, section 274 [8 USCS § 1324] (relating to bringing in and harboring certain aliens), section 277 [8 USCS § 1327] (relating to aiding or assisting certain aliens to enter the United States), or section 278 [8 USCS § 1328] (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain, or (G) any act that is indictable under any provision listed in section 2332b(g)(5)(B) [18 USCS § 2332b(g)(5)(B)].” 18 U.S.C. § 1961(1).

The regulation parallels statutory language underlying these precedents. See 21 U.S.C.A. § 802(21) (“practitioner” is a professional licensed to dispense, administer, or distribute controlled substances “in the course of professional practice or research”); Moore, 423 U.S. at 141-42. The point is that a licensed practitioner may not rely on just any “agent” to medicate a patient with controlled substances.

a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 of this chapter is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925 of this chapter.” Merely Case 2:09-cv-09235-MMM-AGR Document 34 Filed 07/07/10 Page 17 of 22 Page ID #:209 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 922(d) provides in part:21 It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person - (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) has been adjudicated as a mental defective or has been committed to. any mental institution; 12 MEMORANDUM IN SUPPORT OF MTN TO STRIKE & MTN FOR JUDGMENT ON THE PLEADINGS alleging that a person is a “convicted felon” fails to inform one that a person is prohibited under § 922(d).

(D) Nothing in this section prohibits conduct against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802) or KRS Chapter 218A. (1994 Jeff. Code, § 92.04) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.04) (Lou. Ord. No. 0088-2001, 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004) § 92.05 UNLAWFUL PRACTICES IN CONNECTION WITH PUBLIC ACCOMMODATIONS. (A) Except as otherwise provided herein, it is an unlawful practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort or amusement as defined in § 92.02, on the ground of race, color, religion, national origin, disability, sexual orientation or gender identity.

Id. at 7 (citing 21 U.S.C. § 802(16) (internal citations omitted)). Finally, it rejected Mr. White Plume’s argument that hemp was “readily distinguishable” from marijuana by finding that “hemp and marijuana are different varieties of the same plant,” and that Congress was “legitimately attempting to regulate the use of marijuana.”