Appeals Court Says Handing Out A Free Sample Of Drugs Isn't A 'Conspiracy'
Thu, Feb 18th 2021 12:07pm — Tim Cushing Our nation's preeminent drug warriors rolled the dice on turning less than a half-gram of drugs into a lengthy prison sentence. They lost. The Sixth Circuit Court of Appeals isn't amused by the machinations of DEA agents (and federal prosecutors) who tried to turn a freebie sample into a drug trafficking conspiracy. The opinion [PDF] opens with the Appeals Court showing just how permissive and expansive drug conspiracy statutes are. Our court has long interpreted the drug-conspiracy statute, 21 U.S.C. § 846, to prohibit two individuals from knowingl...