Talk:Federal Analog Act

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Someone with some actual legal experience should probably check this and correct any errors. Keenanpepper 04:50, 10 Sep 2004 (UTC)

Interesting. I wonder if any courts of record have dealt with this section of the CSA. Often the DEA and other government agencies can shut down companies simply by seizing their inventory and freezing their funds, e.g. JLF. In the case of JLF, they even had trouble hiring a lawyer due to shortage of cash. Rad Racer | Talk 02:37, 9 Apr 2005 (UTC)

3 words: lawyer on retainer. It's silly not to have one if you are in that business. --Morbid-o 19:40, 2 Jun 2005 (UTC)

Ok I have added the two USA cases I am aware of that have dealt with this Act, but there may be others, so if there are more that should be added, then feel free to put those into the article as well!! Meodipt 04:50, 21 September 2007 (UTC)

There's a bit about burden of proof being different in drug/terrorism cases... I can't figure out where, if anywhere, that's from legally speaking and it seems likely to be mistaken. If there is a burden of proof issue around the human-consumption intent question, I'd think it'd be a matter of lack of intent having to be an affirmative defense, not to do with the fact that it's a drugs law. That said, I don't know enough to confidently edit it.129.63.223.133 (talk) 23:56, 26 November 2007 (UTC)

I was thinking about things like when people get charged with possession of a quantity of drugs that is over the threshold amount for presumption of supply, they are deemed to have had the drugs for the purpose of supply unless they can prove that the drugs were for personal use, so in this situation the normal burden of proof is reversed and they are guilty (of supply) until proven innocent (of supply, i.e. only guilty of possession). Similarly when people are charged with possessing documents on making bombs etc they are assumed to have these for the purpose of terrorism unless they can prove otherwise. Depends on jurisdiction of course, but drugs and terrorism are the main areas where statute or courts have reversed the normal burden of proof so the defendant has to prove that they are innocent rather than vice versa. Meodipt (talk) 02:43, 7 March 2008 (UTC)