Judge Jack Weinstein
A four-count indictment charged Chong with conspiracy and substantive counts of bringing the controlled substance “methylone” into the country. Although users, suppliers, and law enforcement use the term “Molly” to refer to methylone, the term is also associated with a variety of chemical substances, some of which are not controlled. In addition to being a common name for the subject controlled substance, “methylone” is a brand name for an unrelated corticosteroid. A central issue is Chong’s knowledge concerning “Molly,” methylone and related controlled substances. To sustain the charges, the government must prove Chong knew the substance he allegedly imported and sought to possess with intent to distribute was a controlled substance. The court ruled the jury instruction’s mens rea requirement should be construed as “importing the ‘mistake of law’ defense into the statutes for the limited purpose of dealing with criminal activities in connection with exotic designer drugs.” Direct and circumstantial evidence may show Chong’s knowledge the substance was “controlled.” Given the potentially harsh penalties faced, the jury must be persuaded of Chong’s knowledge that the substance he is charged with trafficking was on the proscribed list.
