1. Did Congress violate the Necessary and Proper Clause of the Constitution when it authorized the Drug Enforcement Administration to schedule controlled substance analogues?

2. Does the Drug Enforcement Administration's failure to schedule controlled substance analogues in violation of the Constitution constitute a violation of due process?

3. Did the Court of Appeals err in holding that the government need only prove by a preponderance of the evidence that a person knowingly or intentionally possessed an unscheduled substance that is similar to a controlled substance listed under the Controlled Substances Act?

4. Can a person be prosecuted for violating a statute that the Drug Enforcement Administration failed to enforce consistently and for which no meaningful notice was provided?

5. May the United States impose criminal penalties on citizens for violating a statute that has been held by the Court of Appeals to abridge due process rights, as stated in 21 U.S.C. § 812, that the substance at issue be controlled?

Whether the Drug Enforcement Act's failure to schedule an analogue implicates constitutional due process rights and allows prosecution for controlled substance violations