## Facts

- Balint and others were indicted under § 2 of the Harrison Narcotics Act for selling derivatives of opium and coca leaves without a required written order on an official form.
- The indictment alleged unlawful sales not made pursuant to the statutory order-form requirement.
- The indictment did not allege that defendants knew the substances sold were prohibited narcotics.
- Defendants demurred, arguing the indictment was defective absent an allegation of knowledge (scienter).
- The district court sustained the demurrer and quashed the indictment.
- The United States sought Supreme Court review under the Criminal Appeals Act.

## Issues

1. Whether § 2 of the Harrison Narcotics Act requires the government to allege and prove that the seller knew the substance sold was a prohibited narcotic when the statute is silent on mens rea.
2. Whether imposing criminal liability without proof of such knowledge is permissible under due process.

## Decision

- The Supreme Court reversed the order sustaining the demurrer and quashing the indictment.
- The Court held that knowledge of the narcotic character of the substance is not an element of the § 2 offense.
- The case was remanded for further proceedings consistent with that construction.

## Legal Principles

- When a statute defining an offense is silent on scienter, whether knowledge is required depends on legislative intent as determined by statutory construction.
- Congress may impose liability without proof of actual knowledge for regulatory offenses aimed at protecting public health and safety.
- For offenses regulating sales of dangerous drugs, the legislature may place the risk of mistake on those who traffic in the regulated goods, requiring them to ascertain the character of what they sell.
- Punishment for prohibited acts committed without knowledge of the facts making them unlawful does not necessarily violate due process in this regulatory context.

## Conclusion

The Court construed § 2 of the Harrison Narcotics Act as a regulatory offense that does not require proof that the seller knew the drug’s narcotic character, allowing the government to proceed on an indictment alleging unlawful sales without the statutory order form.


United States v. Balint, 258 U.S. 250 (1922)