Controlled Substances – khat — fair notice

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United States Court of Appeals For the Seventh Circuit

Criminal

Controlled Substances – khat — fair notice

Defendants received fair notice that distribution of khat was unlawful.

“Like our sister circuits who have considered the regulations involving khat, we are mindful that ‘it would be helpful to people, who actually resort to statutes and regulations to determine whether their conduct is lawful, for Congress, through the statutory or regulatory scheme, to include the word “khat” in the CSA.’ Hassan, 578 F.3d at 121. This is especially true considering that not all khat leaves contain cathinone or cathine and that other plants containing controlled substances are specifically listed in the schedules. See Caseer, 399 F.3d at 847-50 (Holschuh, J., dissenting) (discussing other plants, like marijuana, peyote, the poppy plant, and coca leaves, that are ‘themselves listed in the schedules by their commonly known names’) (emphasis omitted). But this does not invalidate the statutes at issue on Due Process grounds; the Defendants’ fair warning challenge fails.”

Affirmed.

12-2792 & 12-2793 U.S. v. Mire

Appeals from the United States District Court for the Southern District of Indiana, Lawrence, J., Bauer, J.