United States v. Balint

Facts

The Narcotic Act of December 17, 1914 made it unlawful to sell, barter, exchange or give away opium or coca leaves, or their derivatives, except in pursuance of a written order from the buyer on a form issued in blank for that purpose by the Commissioner of Internal Revenue. The Court described the Act as a taxing act with the incidental purpose of minimizing the spread of addiction to poisonous drugs. Balint and his co-defendants were indicted for selling to another a certain amount of a derivative of opium and a certain amount of a derivative of coca leaves without such an order form. The indictment did not charge that they knew the substances they sold were those drugs. The statute itself does not make that knowledge an element of the offense. The defendants argued that the indictment was defective for that reason.

Issues

1. Must an indictment under section 2 of the Narcotic Act charge that the defendant knew the drug he sold was an opium or coca derivative, even though the statute does not make knowledge an element?
2. Does punishing a seller who did not know the facts that made his act unlawful deny due process of law?

Holding

Section 2 of the Narcotic Act does not require the government to charge or prove that the seller knew the drug was within the statute. A seller must find out at his peril, so the demurrer to the indictment should have been overruled.