No. 23-5828
Raquel Rivera v. United States
Response WaivedIFP
Tags: burden-of-proof controlled-substances-act drug-prosecution farm-bill hemp hemp-classification marijuana marijuana-definition possession-with-intent-to-distribute thc-concentration thc-content
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference:
2023-11-09
Question Presented (from Petition)
Whether, in a possession of marijuana with intent to distribute prosecution, the government is required to prove as an element that the substance is marijuana and not hemp, or whether hemp constitutes an exception to marijuana offenses that the defendant is required to put forth evidence to establish.
Question Presented (AI Summary)
Whether the government must prove that a substance is marijuana and not hemp as an element of a possession with intent to distribute offense, or whether hemp is an exception that the defendant must establish
Docket Entries
2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-20
Waiver of right of respondent United States to respond filed.
2023-10-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2023)
Attorneys
Raquel Rivera
Matthew A. Campbell — Federal Public Defender, Virgin Islands, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent