Legal Issues of DXM

[serotonin]

I came across this the other day, and it answered alot of questions for me.DXM *use*, no matter where you obtained it, is *legal.*

As most of you know, it is *explicitly* exempted from the Federal
Controlled Substances Act (see USC 21:812(g)(2) as amended), EVEN THOUGH IT
IS AN OPTICAL ISOMER OF A SCHEDULED OPIATE. The Analogue Act *does not apply
to Dextromethorphan.* This is settled Law. No State, nor DC, nor PR, no any
US Territory, with one exception, has placed any tighter *regulatorty*
restriction on Dextromethorphan itself (Utah).

There *are* Rx preparations of Dextromethophan as well as OTC ones, believe
it or not. But this is common of many OTC drugs. In these cases, it is
because it is either combined with other substances, is in amounts of 30mg
per dose unit, or because it has been *marketed* that way under it's
Supplmental New Drug Application to the FDA.

Therefore, anyone can posses Dextromethorphan -- technically, regardless of
age. Now the real question becomes, for some, if you have a kilo of DXM
powder and you're walking down the street, what happens? Well, you are
probably asking for trouble. In the end, will you get prosecuted? Maybe,
maybe not. *Can* you be arrested? Well, you "shouldn't" .. Will you if a cop
wants to arrest you? Most likely. Will it get confiscated, no matter how
it's labeled, what you say, etc. -- yes. Will you eventually get it back?
Probably. Will you wind up spending money on legal representation? most
likely.
For *all* substances (and remember, it's not up to YOU to decide that the
DXM you have is treated as a "chemical" or a "drug" -- it's up to the
authorities), have regulatory controls as to storage, labeling, and "intent
of use."

They would want to know just why in the HELL you are walking around with a
bunch of powdered DXM if you weren't say, going to ... sell or share it
(which, by the way, you CANNOT do, unless you are licensed to sell USP grade
drugs in your state). Remember, when it comes to these regulations, the
burden of proof falls to YOU to prove OTHERWISE.

There is a possible contention for sharing it, but again, you're going to be
doing that in court -- not on the street with the cop. So, we're talking
about attorney's, time, and money. So, you basically lose the instant you
are arrested, for all practical purposes.

If you go selling DXM, or marketing it as a drug for human consumption in
large quantites, it is illegal under Federal and *every* State's law. While
the FDA has primary jurisdiction, the DEA *can* consider it "diversion" of
an OTC drug, which they watch -- they watch diversion of *all* drugs for
human consumption by cooperative agreement with the FDA. It only takes an
Administrative Order. I can guarantee if you buy 500KG of DXM and go
marketing it on the Internet as a drug for sale w/o proper licensing, you
will get more attention that you ever wanted... the legal fees, time, and
effort will be huge. Most likely, you'll be arrested locally, but not
prosecuted in the end. But again, really, you lose just by being arrested.
And of course, you will be fined in both State and Federal Court.

Now, if it's in your house, that's another matter altogether. We all know
the story about the guy in Texas. The police came in, found a rather large
amount of DXM, and confiscated it, thinking it was something else. If I
remember correctly, either cocaine or methamphetime. They arrested him for
possesing and for intent to traffic a controlled substance. Then, they
tested it, and wow... they not only had to let him go, they had to give it
back. Ironically, a DEA agent TOLD the local police that it was DXM, because
it was labeled as such and "somehow" the DEA "knew" where it came from. The
Texas man is now suing the local police.

But if you are under the influence of *any* intoxicant on a public street in
most places, there are local ordinances that police can arrest you under for
public intoxication, etc. They usually don't ask what you are "on." But if
you have DXM powder on you, expect them to assume it's controlled, and
charge you first. You're better off carrying around a bottle of syrup. Then,
you're clear. They would assume it was for medicinal purposes. Anyone can
carry over-the-counter medicine. In fact, they won't even notice.

And in EVERY state, if you drive under the influence of *any* drug that
affects your judgement and you have an accident, or the officer feels you
are "under the influence" you can be arrested, and charged. This includes
medicines prescribed by a doctor. Keep your mouth shut! You dont' have to
say a word -- and don't. Even if your doctor prescribed a drug, you can
still be put in jail (and they DO, because you shouldn't be driving if
you're impaired on Valium, or antipsychotics, etc.). So, shut up if they ask
you if you are on any prescription medication that might affect your
judgement (unless they are taking you to jail and you need it for your
health).

As for these other "uncontrolled" and (legally) untested substances (the
DIPTs, AMT, etc). While it's true that the DEA has not prosecuted anyone,
it's because they don't consider any of these "a drug of concern." The NDIC
statistics on users is less than 10,000. That doesn't even get the glance of
anyone at the DEA. It *DOES* get the attention of some *STATE* agencies, if
someone dies, or if several minors go to the hospital in a local area. In
fact, in several states, there are currently movements to control some of
these substances -- either through regulation or legislation (Missouri is
one of these -- their Bureau of Narcotics and Dangerous Drugs is considered
one of the most aggresive in the Nation -- and that should be a WARNING --
since Atty General Ashcroft is a PERSONAL FRIEND of the HEAD of that
Department).

Just FYI.. SAMSHA, the NDIC, and the Pharmaceutical Industry now puts the
number of regular reacreational DXM "abusers" (they never use the term
"user" bear in mind -- it's their word, not mine)... between 150,000 -
200,000. And that IS getting people's attention. That Pharmaceutical's
Manfr's medical divisons have had many calls from users themselves, trying
to find treatment centers -- and so have treatment centers, federal agencies
(from SAMSHA to the Surgeon General), state agencies, local agencies. That
is a HUGE number, btw. It is higher than Ketamine, PCP, and most designer
drugs combined. However, the reaction to this is NOT regulation, but
treatment (quite enlightened).. It appears that the powers that be know they
have to keep DXM freely available, but they are going to have one HELL of a
problem on their hands if everyone screams for treatment... particularly
since the industry knew of the "psychoative effects" of DXM since it's
creation and didn't fully disclose.

The "demonize GHB and Ketamine" movement started in Missouri and New York."
Again, if you are on the street with TFPP, or 5MEO-DIPT, do you REALLY
expect some cop to have a clue? or listen to you? can you? no. They may or
may not have a kit to test it, and even if the test kit comes up "unknown"
they will likely confiscate it, depending on where you are, your attitude,
and what you were doing to get their attention, etc. Best idea, keep it in
your house, especially in larger quantites. Keep it out of sight. Remember,
if they come into your house on a medical call, they have "probable cause"
to take action on *anything* "in plain sight" now.

*I* have had problems with this, and I have a Controlled Substance License.

Best advice. If you purchase DXM Powder. 1)When it arrives, PRINT a label
with the NDC (National Drug Code) and put it on the Bottle. The NDC is:
37097-300-26. 2) DO NOT carry a bag of it around with you. 3) If you need to
walk around, do your mix, and mix it with some syrup, and carry it in a
bottle (live with it).

Know that DXM's federal legal status CANNOT be changed under the "Emergency
Scheduling Act of 1984." It, unlike any other drug, can only be changed by
legislation amending the Controlled Substances Act. This isn't going to
happen, folks. Trust me, I've been to conferences with all of the current
marketers of DXM. It might become what is known as "Behind the counter," a
rare type of status. It can be done by making it Schedule V. But it is
usually done with an FDA Advisory instead. You have to ask for it at the
counter, and sign for it, with ID. This is what is done in Utah, voluntarily
(so not everyone has to do it, yet).

It used to be that most OTC drugs were this way... in fact, that's what
"Over the Counter" means. It is a "legal term" that comes from the older
drug laws. Pharmacies used to be set up where you went up to the counter and
the Pharmacist got practically every drug for you, so she/he could counsel
you. This is the way it still is in many countries. In fact, most
pharmacists would like it this way, and it would be safer for the public
(but it would make OTC drugs much more expensive and less convenient -- no
24 Wal Mart asprin).

The only "legal" problem is really for some of the distributors of these
"quasi-status" drugs.-- and DXM. It is questionable whether they are
actually selling them as chemicals or drugs. But that is not the Customer's
legal concern. Again, settled law. It may mean, that someday, one will order
from their favorite supplier and it will be gone. And don't kid yourself.
The "powers that be" know all about every one of these suppliers -- they
just aren't a concern for them as yet. Although, since several have been
implicated in *knowingly* selling massive quantites of "adulterants" to
*known* Ecstacy labs, that may be an issue to come. (no, no names, don't
ask, not even in email).

-- Rob, PhD, Pharmaceutical Chemistry; PharmD,
Forensic Chemistry Consultant; MSc, Pharmacolog</PRE>[from here]</PRE>