BZP the New Ecstasy? In the Eyes of Federal Judges, Yes

23536

Bluelight Crew
Joined
Dec 16, 2010
Messages
7,725
Location
Stop resisting!
Let's say you're a drug dealer, but the particular pills you peddle aren't exactly mainstream; in fact they're not even included in the U.S. Sentencing Commission's Drug Quantity Table, even though they're illegal.
Now let's say you get busted. How is a judge supposed to sentence you?

The answer: he picks a drug on the chart that most resembles the drug you were caught selling, then he relies on a special sentencing algorithm that uses marijuana as the common denominator.

In the federal court case of Brandon Bennett, a 23-year-old caught dealing 330 grams of BZP in the Kansas City area three years ago, that rationale makes no sense. Since BZP, a piperazine-based recreational synthetic, is not on the federal drug chart, Bennett wants to know why he was sentenced as if he'd dealt 330 grams of Ecstasy -- or, if you like, 165 kilos of pot -- each of which carry a minimum punishment of four years and nine months in prison. After he lost at the district level, Bennett took his case to the U.S. Court of Appeals for the Eighth Circuit. On Wednesday, the appeals court affirmed the district judge's ruling.

BZP, or Benzylpiperazine, is a euphoria-producing stimulant that's comparable, but not identical, to an amphetamine. It's illegal in the United States, but legal in Canada.

Ecstasy is an amphetamine that Bennett argues is much more harmful than BZP.

cont. http://blogs.riverfronttimes.com/dailyrft/2011/10/bzp_ecstasy_drug_court_guidelines.php
 
Hear are the "guidelines" the judge had to follow to charge him with what he did. From scribd

A) Whether the controlled substance not referenced in this guideline has a chemical structure that is substantially similar to a controlled substance referenced in this guideline.

(B) Whether the controlled substance not referenced in this guideline has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance referenced in this guideline.

(C) Whether a lesser or greater quantity of the controlled substance not referenced in this guideline is needed to produce a substantially similar effect on the central nervous system as a controlled substance referenced in this guideline.

and hears the judges reason for sentencing him under those said terms

"While it may not be in the sentencing guidelines, [BZP] is illegal. It does affect the community. It does hurt children. It does hurt people in our community. So with that said, I -- I think I fashioned a sentence that I hope is consistent with our -- with the guidelines."
I didn't know law worked like that.
 
BZP is super ancient in the world of designer drugs and banned almost everywhere...

Edit; actually read the article.
Wow...
 
Top