NCJ Number
134764
Date Published
1991
Length
124 pages
Annotation
This manual presents the procedures for the Federal prosecution of offenses under the Federal Mail Order Drug Paraphernalia Control Act.
Abstract
A review of the history of the act notes that it was primarily drafted to close the loophole of interstate sale of drug paraphernalia that the Federal model act for the States failed to address. Amendments were added to the 1986 act in 1988 and 1990. A review of the statutory scheme covers the elements of the offense, the definition of drug paraphernalia, statutory factors to be considered, and exemptions. An examination of the constitutionality of the act considers arguments that it is vague, overbroad, and violates the constitutional concepts of equal protection, the commerce clauses, free speech, right to privacy, and the prohibition against cruel and unusual punishment. A chapter on litigation concerns addresses the drafting of an indictment, the anticipation of defenses, the use of expert witnesses, and sentencing considerations. The concluding chapter considers procedures for seizure and forfeiture. Appended legislation texts, a selected legislative history, significant court cases, model jury instructions, a sample search warrant, a sample motion in limine, and a table of cases