The Tenth Circuit has determined that a Colorado statute criminalizing possession of a controlled substance is more overbroad and indivisible with respect to the identity of the controlled substance. Instead, the court found that the different schedules of drugs are elements, but the individual substances listed on any given schedule are merely alternative means.

The full text of Johnson v. Barr can be found here:

https://www.ca10.uscourts.gov/opinions/19/19-9550.pdf

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