Reference no: EM132122616

A pure dose of the hallucinogenic drug LSD is so small that it msut be sold to retail customers in a "carrier" created by dissolving pure LSD and spraying the resulting solution on paper. That paper is then cut into "one dose" squares, which users swallow, lick, or drop into a beverage top release the drug. Chris Kokaine was convicted i NYS District Court of selling 10 sheets (1,000 doses) of blotter paper containing LSD, in violation of Federal Law 21 U.S.C 841 (a).Section 841 (b)(1)(B) calls for a 5 year mandatory minimum sentence for the offense of distributing Kokaine's pure LSD weighed only 50 milligrams, the District Court included the total weight of the paper and LSD, 1.95 grams, in calculating Kokaine's sentence, thus requiring the imposition of the mandatory minimum sentence of 5 years. The Second Circuit Court of Appeals affirmed, rejecting Kokaine's argument that the paper's weight should not be included in sentencing purposes.

Below is pertinent information regarding the structure and hsitory of the Federal Law at issue.

1. Congress knew how to indicate the only the weight of a pure drug was to be used to determine a sentence having done with respect to phencyclidine (PCP) and methamphetammine by providing for a mandatory minimum sentence based on the weight of the pure drug. However, Congress stated that the dilutant or cutting agent was to be included in those drugs' weight for sentencing purposes.

2. The statute does not define "mixture", and it has no established common-law meaning. At the time the Federal Law was enacted, Webster's Third New International Dictionary defined "mixture' as "a portion of matter consisting of two or more components.... that however thoroughly commingled are regarded as retaining a seperate existence.