Other - Legal troubles with Research Chemicals

[vividvivisection]

SWIM was arrested with a half gram of psilocybin shrooms and three capsules of 5-meo-mipt. They took SWIM's cellphone as evidence that SWIM was a drug dealer. SWIM had a few incriminating looking text messages but most were very vague or unrelated to drug use. The police didn't know how to charge SWIM for the capsules, they thought it was 2C-B but SWIM denied and said they weren't a scheduled chemical but didn't specify what chemical. The police submitted to the DA 2 counts of hallucinogen possession. Right now the DA hasn't charged SWIM but it is an "investigation" or something. Its been almost 3 months since incident. People have told SWIM many different things about the police and the DA. SWIM was told because the chemical wasnt scheduled they could only charge drug paraphernalia because they were in capsules. SWIM knows about the federal analogue act tho and 5-meo-mipt could be an analogue of 5-meo-dipt very easily. SWIM knows that as of about two weeks after the incident the police had not tested the capsules to be positive of what was in them. someone told SWIM that if the police did not test them relatively soon they could not use them as evidence.

SWIM is looking for any advice from people experienced with how the law handles RC's first hand.

[Greenport]

I'd recommend you speak to a good lawyer, someone who is experienced with this kind of thing. If you can't prove that you had these things for reasons other than expanding your mind in the drug sense, the best way might be to state that they were solely for you and that you had absolutely no intention of distributing them.

Distributing hallucinogenic substances is (unfortunately) a serious crime and there have been people thrown in jail for double their lifetimes for them. There's something our governments don't want us to know and they will fight to protect whatever that is - it must be a pretty important secret at least to them.

[Alfa]

Half a gram of psilocybe mushrooms is not even one dose, let alone something that can possibly distributed.
3 Capsules of 5-meo-mipt could have been one dose and surely does not leave much room for distribution either.

Checkout the international lawyer list to see if you can find a lawyer there.

[Felix Guattari]

The distribution charge doesn't make any sense and shouldn't stick.

Out of curiosity: can one be charged with 'hallucinogen possession'? Or does it needed to be further specified in court? I would think/hope the latter, but...

[mictihtoya]

Drugs are not illegal. Certain specific drugs are illegal. If you aren't guilty of possession of a scheduled substance, it doesn't matter how high the drug will get you or how potent of a hallucinogen, it's legal to possess and sell.

[Shampoo]

This is not always true (or to be more clear, there is more to the picture than legal V. illegal).

For instance, in the case of the analogue act regarding research chemicals, unscheduled substances are considered illegal if they are sold for the purpose of ingestion or are possessed with the intention of being ingested (i.e. are stored in capsules or in an edible form like Jello)