dimanche 25 mars 2018

An Interesting Case I Found Online

My question involves criminal law for the state of: Unknown

Apparently this person was arrested for a charge called "possession for sale and transfer of a simulated controlled substance. The case is a high school student who abused large doses of dextromethorphan for the psychoactive effects that it produces when taken in extremely high dosages, and apparently his friends abused this drug as well. Dextromethorphan is not a scheduled drug, and it is legal for sale over the counter. The recommended dosage of the drug is typically 20 to 60 milligrams of the drug, but people who abuse the drug often take dosages exceeding 300 milligrams of it. The practice is dangerous, and abusing the drug can cause delirium, psychosis, and severe gastrointestinal distress. People who abuse the drug frequently for a long period of time have been known to develop permanent visual disturbances, such as constant visual snow, halos around lights, trailing of lights and objects, and long lasting afterimages that impede one's field of vision. While fatal overdoses of dextromethorphan are extremely rare, most pharamaceutical preparations of dextromethorphan also contain other ingredients that have the potential to cause a fatal overdose if they are taken in excessive dosages.

The effects of dextromethorphan are dissociative in nature, and users report that extremely high dosages of the drug produces an effect that is similar to the controlled substance ketamine. Abusing the drug is not believed to be physically addictive. However, some users report that they feel psychologically compelled to continue using the drug despite negative consequences.

The high school student in this case legally purchased 100 grams of pure dextromethorphan on the internet. He initially intended to use it for his own recreational purposes. However, he eventually "got sick of it" and began putting the powder in capsules along with another drug that was uncontrolled at the time, called BZP. BZP is a synthetic stimulant that has amphetamine-like properties. This drug has caused harmful side effects, such as psychosis as well as kidney problems. However, no deaths have been reported. BZP is currently scheduled, but it wasn't scheduled at the time that he was selling this substance. The capsules that he sold contained 350 milligrams of dextromethorphan and 150 milligrams of BZP. Clearly, the mixture that he was selling had the potential to be quite dangerous indeed. However, there were no controlled substances in it nor did he attempt to tell anyone that he sold the capsules to that it contained a controlled substance.

The high school student was arrested for "possession and sale of a simulated controlled substance". I have read about "possesion and sale of a simulated controlled substance" in regard to individuals selling substances purported to be controlled substances. For instance, I have heard the example given of a drug dealer who claims to be selling cocaine. However, really the substance in question is caffeine or another uncontrolled stimulant. However, in states where there is laws against "simulated controlled substances", the individual could be arrested for selling a product that is purported to be a controlled substance. In this case, it appears that the student was arrested for selling an uncontrolled substance with psychoactive effects under "simulated controlled substance" laws without having claimed to sell a controlled substance. So, this case makes me wonder what defines a "simulated controlled substance"?


An Interesting Case I Found Online

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