daddysgone
Bluelighter
- Joined
- Oct 22, 2007
- Messages
- 1,114
hey all,
As Im sure many of you know, in the United States, in order for something to fall under the analog act, not only must the substance be considered a chemical analog of a schedule I or II substance, but it must also be proven that it was intended for human use.
So the question becomes, how the hell can it be established or proven that someone intended to use the substance for human consumption?
Obviously if you admitted you planned on taking the drug, or if there was documentation of you talking about taking or, or your plans to take it, then this would indicate your intention, but my guess is that hard evidence like that rarely exists in cases like this.
So, if someone were to simply place an order for a substance that is a chemical analog of a schedule I or II drug, and then was somehow "caught" with this substance (the package was intercepted, authorities found you in possession of it, etc.), how can your intentions be established?
I would imagine that the burden of proof would fall on the prosecutor (meaning that you dont have to prove you WEREN'T going to use the substance for human use, but they have to prove you were). And in a case like this, how could they actually prove your intentions.
It seems like a nearly impossible thing to actually improve. Obviously if an ordinary layman orders some recreational analog, its pretty clear that they intended on using it, but legally, how could they actually prove this?
Anyway, just wondering. Thanks-DG
As Im sure many of you know, in the United States, in order for something to fall under the analog act, not only must the substance be considered a chemical analog of a schedule I or II substance, but it must also be proven that it was intended for human use.
So the question becomes, how the hell can it be established or proven that someone intended to use the substance for human consumption?
Obviously if you admitted you planned on taking the drug, or if there was documentation of you talking about taking or, or your plans to take it, then this would indicate your intention, but my guess is that hard evidence like that rarely exists in cases like this.
So, if someone were to simply place an order for a substance that is a chemical analog of a schedule I or II drug, and then was somehow "caught" with this substance (the package was intercepted, authorities found you in possession of it, etc.), how can your intentions be established?
I would imagine that the burden of proof would fall on the prosecutor (meaning that you dont have to prove you WEREN'T going to use the substance for human use, but they have to prove you were). And in a case like this, how could they actually prove your intentions.
It seems like a nearly impossible thing to actually improve. Obviously if an ordinary layman orders some recreational analog, its pretty clear that they intended on using it, but legally, how could they actually prove this?
Anyway, just wondering. Thanks-DG