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Controlled Substances: Unlawful Use of Communications Facility

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US-JURY-11THCIR-O99-CR
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Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Controlled Substances: Unlawful Use of Communications Facility is a law that prohibits the use of any communications' facility to commit or facilitate the commission of a drug offense. This law applies to any type of communication equipment — including telephones, computers, and the internet — to facilitate the unlawful distribution of controlled substances. It includes activities such as arranging a drug sale, delivering messages about drug sales, or advertising drug sales. The law covers the use of any communication facility, even if the communication is not directly related to a drug sale. There are two types of Controlled Substances: Unlawful Use of Communications Facility: 1. Possession: Using a communication facility to possess a controlled substance. 2. Distribution: Using a communication facility to distribute a controlled substance.

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FAQ

(21 U.S.C. § 843(b)) For the defendant to be found guilty of that charge, the government must prove beyond a reasonable doubt that the defendant knowingly or intentionally used a telephone the mail a radio a wire to help bring about specify illegal act or acts as charged in Count of the indictment.

21 USC § 844 (Simple Possession) Can become felony with higher penalties if prior drug convictions.

The control applies to the way the substance is made, used, handled, stored, and distributed. Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids.

(a) It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter. Each separate use of a communication facility shall be a separate offense under this Code section.

(A) It shall be unlawful for any person to knowingly or intentionally use the Internet, or cause the Internet to be used, to advertise the sale of, or to offer to sell, distribute, or dispense, a controlled substance where such sale, distribution, or dispensing is not authorized by this subchapter or by the Controlled

It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of this subchapter or subchapter II.

Communication Facilities includes, but is not limited to; internet access, e- mail access and use of any equipment for the purposes of: initiating, receiving or storing communication; or accessing, creating, copying, distributing, sharing or deleting records.

It shall be unlawful for any person to knowingly or intentionally use the Internet, or cause the Internet to be used, to advertise the sale of, or to offer to sell, distribute, or dispense, a controlled substance where such sale, distribution, or dispensing is not authorized by this subchapter or by the Controlled

More info

Unlawful use of a communications facility is a federal crime that is usually attached to federal drug crimes drug crimes A drug-related crime is a crime to possess, manufacture, or distribute drugs classified as having a potential for abuse (such as cocaine, heroin, morphine and amphetamines). Criminal Use of a Communication Facility is often charged in PWID controlled substance prosecutions.(24) "Lawful possession" means the possession of a controlled substance that has been obtained in accordance with state or federal law. (a) Unlawful distribution of controlled substances. Use; participant; document; contents. 28-466. University of Nebraska Medical Center and Nebraska Medicine; duties; powers. 28-467. Under federal law, each time you used a communication facility to further a drug crime you can be charged with a separate offense. Unlawful Possession or Use of Drugs. Possessing or using a controlled substance without a lawful prescription drug order. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

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Controlled Substances: Unlawful Use of Communications Facility