AND · 21usc841:knowledge
Under McFadden v. United States (576 U.S. 186 (2015)), the government must prove the defendant knew he was dealing with "a controlled substance" (either by knowing the substance is listed on the federal schedules, or by knowing the physical identity/chemical makeup of the substance even if unaware it is scheduled).
Exact element source
it shall be unlawful for any person knowingly or intentionally-Source:
docroot/ir/usc/title21.jsonl#title21_sec841; Unicode character offsets [83:146] (end exclusive); SHA-256 ebaba73bf6e21a591f44bf851f24a052a5687813c505030cd9483e17753e9420.All variants
| Variant | Description | Merits instance blocks | Distinct cases | Example cases (up to 3 per group) |
|---|---|---|---|---|
| admitted/defendant-admits-knowing-possession | 1 Satisfied 1; not satisfied 0; excluded context 0 | 1 | /f2d/779/1098-01 — United States Court of Appeals for the Fifth Circuit · 1986 — satisfied | |
| circumstantial/loader-of-sealed-boxes-coordinated-with-delivery | 1 Satisfied 1; not satisfied 0; excluded context 0 | 1 | /f2d/701/1349-01 — United States Court of Appeals for the Eleventh Circuit · 1983 — satisfied | |
| circumstantial/owner-of-stash-premises-who-loaded-and-drove | 1 Satisfied 1; not satisfied 0; excluded context 0 | 1 | /f2d/701/1349-01 — United States Court of Appeals for the Eleventh Circuit · 1983 — satisfied | |
| Unspecified variant | No variant assigned in the database. | 0 Satisfied 0; not satisfied 0; excluded context 10 | 0 | No counted merits examples Excluded context examples: /f-supp-2d/427/0894-01 — United States District Court for the District of Minnesota · 2006 — background/merits; /f-supp-3d/225/0274-01 — United States District Court for the District of New Jersey · 2016 — applied/merits; /f3d/20/0229-01 — United States Court of Appeals for the Sixth Circuit · 1994 — applied/merits |
How courts decided this element
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f-supp-2d/427/0894-01 — United States District Court for the District of Minnesota · 2006 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | not_reached Excluded from merits counts background / merits claim: (a)(1),(b)(1)(A) | Unspecified variant | No source quotation recorded for this block. |
| /f-supp-3d/225/0274-01 — United States District Court for the District of New Jersey · 2016 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | not_reached Excluded from merits counts applied / merits claim: (a)(1),(b)(1)(A) | Unspecified variant | No source quotation recorded for this block. |
| /f2d/701/1349-01 — United States Court of Appeals for the Eleventh Circuit · 1983 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | satisfied Counted merits instance applied / merits basis: proved; claim: (a)(1); party: Vera; subject: party=Vera No evidence he looked inside the boxes or of what was said; knowledge of contents inferred from presence at the final deal preparations, driving the buyer-supplied delivery van to the stash, 20 minutes in the shed, loading the boxes, and their leaking/torn condition. Distinguished from mere-presence and unwitting-courier cases (Littrell, Aguiar, Craig, Pruett). | circumstantial/loader-of-sealed-boxes-coordinated-with-delivery | Fiano saw appellant Vera together with Hassan, Adamo and Romero in the back room.Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [3660:3741] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.Vera then drove the van, which had been provided for the delivery of the drugs, to Posada’s house.Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [19702:19800] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.Approximately 20 minutes later, Vera and Posada emerged from the shed carrying a box measuring approximately three feet in width and one and a half feet in height which they loaded into the van.Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [4919:5113] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.In addition, a white powdery substance was seeping out of one of the large boxes found in the van and some of the boxes in the van were “torn and broken.”Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [22305:22459] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.Rather, knowledge may be proved through inferences based upon surrounding circumstances.Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [18953:19041] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.Close association with a co-conspirator or mere presence at the scene of the crime is insufficient evidence of knowing participation in a conspiracy.Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [16257:16406] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.A reasonable jury could have concluded beyond a reasonable doubt that the evidence established that Vera knowingly participated in the conspiracy and knowingly possessed and distributed the quaaludes.Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [22637:22837] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed. |
| /f2d/701/1349-01 — United States Court of Appeals for the Eleventh Circuit · 1983 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | satisfied Counted merits instance applied / merits basis: proved; claim: (a)(1); party: Posada; subject: party=Posada | circumstantial/owner-of-stash-premises-who-loaded-and-drove | Moreover, Posada owned the shed in which the boxes were stored.Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [23429:23492] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.After the boxes were loaded into the van, Posada drove the van by himself to the shopping center where Hassan was waiting and left the van with Hassan.Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [23493:23644] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.Although there is no direct evidence of Posada’s knowledge, sufficient circumstantial evidence of his knowledge exists.Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [23163:23282] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.Posada’s ownership of the shed where the boxes containing the quaaludes were located and his exercise of dominion and control over the boxes while driving the van to the shopping center clearly supports an inference that he knowingly possessed the boxes containing quaaludes.Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [23645:23920] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed. |
| /f2d/779/1098-01 — United States Court of Appeals for the Fifth Circuit · 1986 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | satisfied Counted merits instance applied / merits basis: conceded; claim: (a)(1); party: Prieto-Tejas; subject: party=Prieto-Tejas | admitted/defendant-admits-knowing-possession | A conviction for possession of a controlled substance in violation of 21 U.S.C. § 841(a)(1) requires proof of knowing possession with intent to distribute (or manufacture or dispense) the substance.Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [5220:5418] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.Prieto-Tejas admitted knowing possession of all the cocaine found in his car, but claimed that it was for his personal consumption and that the evidence failed to establish his intent to distribute.Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [5653:5851] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2. |
| /f3d/20/0229-01 — United States Court of Appeals for the Sixth Circuit · 1994 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | not_reached Excluded from merits counts applied / merits claim: (a)(1),(b)(1)(D) | Unspecified variant | No source quotation recorded for this block. |
| /f3d/235/0565-01 — United States Court of Appeals for the Tenth Circuit · 2000 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | not_reached Excluded from merits counts applied / merits claim: (a)(1),(b)(1)(A),(b)(1)(B) | Unspecified variant | No source quotation recorded for this block. |
| /f3d/57/0516-01 — United States Court of Appeals for the Seventh Circuit · 1995 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | not_reached Excluded from merits counts applied / merits claim: (a)(1) Not contested on appeal. | Unspecified variant | No source quotation recorded for this block. |
| /f3d/767/0453-01 — United States Court of Appeals for the Fifth Circuit · 2014 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | not_reached Excluded from merits counts comparator / merits claim: (a)(1) | Unspecified variant | No source quotation recorded for this block. |
| /f4th/142/259 — Court of Appeals for the Fourth Circuit · 2025 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | not_reached Excluded from merits counts comparator / merits claim: (a)(1),(b)(1)(C) | Unspecified variant | No source quotation recorded for this block. |
| /us/500/0453-01 — Supreme Court of the United States · 1991 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | not_reached Excluded from merits counts applied / merits claim: (a),(b)(1)(B)(v) | Unspecified variant | No source quotation recorded for this block. |
| /us/569/0184-01 — Supreme Court of the United States · 2013 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | not_reached Excluded from merits counts comparator / merits claim: (a)(1),(b)(1)(D),(b)(4) | Unspecified variant | No source quotation recorded for this block. |
| /us/571/0204-01 — Supreme Court of the United States · 2014 | Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) | not_reached Excluded from merits counts applied / merits claim: (a)(1),(b)(1)(C) | Unspecified variant | No source quotation recorded for this block. |
Court interpretations
interpretation
A conviction for possession of a controlled substance in violation of 21 U.S.C. § 841(a)(1) requires proof of knowing possession with intent to distribute (or manufacture or dispense) the substance.
/f2d/779/1098-01 — United States Court of Appeals for the Fifth Circuit · 1986
A conviction for possession of a controlled substance in violation of 21 U.S.C. § 841(a)(1) requires proof of knowing possession with intent to distribute (or manufacture or dispense) the substance.Source:
docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [5220:5418] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.Under McFadden v. United States (576 U.S. 186 (2015)), the government must prove the defendant knew he was dealing with "a controlled substance" (either by knowing the substance is listed on the federal schedules, or by knowing the physical identity/chemical makeup of the substance even if unaware it is scheduled).
interpretation
Rather, knowledge may be proved through inferences based upon surrounding circumstances.
/f2d/701/1349-01 — United States Court of Appeals for the Eleventh Circuit · 1983
Rather, knowledge may be proved through inferences based upon surrounding circumstances.Source:
docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [18953:19041] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.Under McFadden v. United States (576 U.S. 186 (2015)), the government must prove the defendant knew he was dealing with "a controlled substance" (either by knowing the substance is listed on the federal schedules, or by knowing the physical identity/chemical makeup of the substance even if unaware it is scheduled).
interpretation
Close association with a co-conspirator or mere presence at the scene of the crime is insufficient evidence of knowing participation in a conspiracy.
/f2d/701/1349-01 — United States Court of Appeals for the Eleventh Circuit · 1983
Close association with a co-conspirator or mere presence at the scene of the crime is insufficient evidence of knowing participation in a conspiracy.Source:
docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [16257:16406] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.Under McFadden v. United States (576 U.S. 186 (2015)), the government must prove the defendant knew he was dealing with "a controlled substance" (either by knowing the substance is listed on the federal schedules, or by knowing the physical identity/chemical makeup of the substance even if unaware it is scheduled).
not-required
Direct evidence of knowledge; circumstantial evidence (or deliberate ignorance / willful blindness where defendant took deliberate actions to avoid confirming a high probability of contraband) suffices (Vera; McFadden v. United States, 576 U.S. 186 (2015))
No source quotation recorded.