Whether the specific type of controlled substance is an element of the offense or one of many means to commit the offense under a state statute that prohibits the delivery of a 'controlled substance' by reference to various schedules

QUESTION PRESENTED FOR REVIEW Michigan Compiled Laws § 333.7401(2)(a)(iv) prohibits the manufacture, creation, delivery, or possession with intent to manufacture, create, or deliver less than 50 grams of a “controlled substance” listed on schedules 1 or 2, § 333. 7214(a)(iv). Michigan’s schedule 1 includes two substances not included in schedule I of the federal Controlled Substances Act, 21 U.S.C. § 812. The Michigan narcotics statute is therefore broader than the CSA. Thus, whether § 333.7401(2)(a)(iv) constitutes a “controlled substance offense” under section 4B1.2(b) of the U.S. Sentencing Guideline depends on whether the specific controlled substance, i.e., heroin, cocaine, or Salvinorin A, is an element of the offense or one of many means to commit the offense. When a state statute prohibits the delivery of a “controlled substance” by reference to various schedules, is the specific type of substance an element of the offense? ii