love_sex_desire
Bluelighter
Has the "substantially similar" clause been tested in court? If so, what does the apparent extent of this similarity imply?
It seems rather odd to me that Canada appears to have Customs providing a shadow law system where certain compounds are deemed "illegal" absent any real rationale. 6-APB illegal while bk-MDMA is not? Fine, if we consider it to fall under the cathinone umbrella, but repeated statements about mephedrone being illegal in Canada again seem to point to a less consistent rationale.
My point is simply that to state it is "illegal" is not correct, but a projected interpretation of a rather vague law that has not been decisively tested in court to my knowledge.
BK-MDMA should be considered illegal, as it IS an amphetamine anaolg of MDMA. But because cathinone is listed separate from amphetamines in the CDSA, it is a loophole, and cathinones have been intrerpreted as being exempt and have been tested and released from customs. Cathinone amphetamines are the ONLY amphetamines that are not caught under the Canadian amphetamine analog clause, specifically because the parent compound, "cathinone", is not listed as an amphetamine in the CDSA. There is no cathinone analog clause, and because cathinone is not listed as an amphetamine, it is unconstitutionally vague to consider a cathinone analog as illegal.
It is rather odd, and it is simply a loophole based on the way the CDSA is structured at the time being. The "substantially similar" clause has not been tested in court as far as I know, but customs has tested 6-APDB and confiscated it, claiming it is an illegal amphetamine analog of MDA. Based on the reasons customs has given for confiscating or releasing amphetamine analogs, it appears that an amphetamine analog must contain an amphetamine skeleton in it's structure, not simply a phenethylamine skeleton, but the analog is exempt if it is a cathinone amphetamine. The only reason cathinone amphetamines are exempt is because it would be unconstitutional to consider a cathinone to be an illegal amphetamine analog when cathinone is not even considered an amphetamine in the CDSA. The ambiguity of the law deems cathinones as constitutionally exempt. Since 6-APDB has an amphetamine skeleton within it's structure, and is not a cathinone, Canadian customs deemed 6-APDB to be an illegal amphetamine analog of MDA. Because Canadian customs considers 6-APDB to be an illegal amphetamine analog, then 6-APB would presumably be considered an illegal amphetmaine analog as well.
I know of only one instance where 6-APDB was confiscated by by customs, and I know of no instances where 6-APB has been confiscated or even analysized by customs, but cathinone amphetamines such as mephedrone and methylone have routinely been tested and released presumably based on the CDSA's structural loophole that does not consider cathinone to be an amphetamine. Very odd, but it is simply a loophole based on the structure of the CDSA.
I don't think legality is allowed in PD, but it is safe to say that 6-APB is most likely considred an illegal amphetamine analog in Canada, and cathinones should be considered illegal, but it would be rather easy to fight charges against cathinones based on the unconstitutionally vague structure of the CDSA. I don't think any court cases have set precedent, but based on customs allowing cathinones through, but not allowing 6-APDB through seems to indicate custom's interpretation of the amphetamine analog clause.
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