Government need not prove that quantity of methamphetamine possessed by defendant would have stimulant effect on central nervous system

STATUTORY CONSTRUCTION United States v. Shurtz, No. 07-3072, ___ F.3d ___ (Dec. 19, 2007)(Kansas). Appeal of conviction for conspiracy to possess methamphetamine with intent to distribute and possession of firearm in furtherance of drug trafficking crime. HELD: Substances enumerated under 21 C.F.R. 1308.12(d) (e.g., methamphetamine) are prohibited without regard to quantity or concentration. Accordingly, government need not prove that quantity of methamphetamine possessed or distributed would have stimulant effect on central nervous system. Read the opinion here.