
The Law
THE LAW
The government's deception and fraud relies on our ignorance of a legal doctrine called "mens rea," which simply means that a person must knowingly violate the law. This doctrine applies to each element of the offense "even where the grammatical reading of the statute does not support that interpretation."
The elements of the federal drug law are (1) knowingly and intentionally (2) distribute, possess ... etc (3) controlled substance.

What does this mean?
It means that it is unlawful for a person to:
-
Knowingly or intentionally distribute, possess ... etc a controlled substance
and -
Have knowledge he was dealing with a controlled substance
Our government has been systematically incarcerating people without ever alleging or proving that a person knew he/she was dealing with a controlled substance.

Here's How they did it
Most drug indictments will allege that a person - unlawfully, knowingly and intentionally distributed and possessed with intent to distribute mixtures and substances containing a detectable amount of a controlled substance.

Verbs & Adverbs
When using "knowingly" to describe "cocaine" or "controlled substance," it means "know it is cocaine or a controlled substance." Because a conspiracy involves future actions, "knowingly" can't modify direct objects. The verb "know" is stative, describing a state rather than an action, and can't be used in the present continuous or future tense. Unlike physical acts like distribution or possession, which can be planned, knowledge cannot.

