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Kits and Cops

-BunnE-

Bluelighter
Joined
Jun 20, 2002
Messages
268
Location
Slowville
I have been thinking about getting a test kit. I have never had a problem with pills but it would still make me feel better. I was wondering what kind of packaging it came in. I would rather my mother didn't go to get the mail and there is my testing kit sitting there. Also, has anyone ever had a problem with the cops coming and questioning you about the kit? Just curious. If there is somewhere/one else I should be asking, please point me in the right direction. Any help will be greatly appriciated.
 
The kits are not illegal. They come packaged in a box but it doesn't scream YOUR KID IS TESTING DRUIGS on the cover. In fact it will be in a normal UPS/Post/whatever cover.
 
Both DanceSafe and EZ-Test pack their kits pretty discretely. You may want to concont a story about a science project or something to explain the chemical bottles.
 
The reply "I have these to make sure my vitamin-C's i buy at the supermarket are not extacy tablets" is all you have to give the cops.
 
Soma said:
The kits are not illegal.

It is correct to say that the kits are not illegal for the federal system, but the states all have individual laws regarding testing kits..

For example: Florida has a provision that makes testing kits drug paraphernalia...

893.145 "Drug paraphernalia" defined.--The term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter or s. 877.111. Drug paraphernalia is deemed to be contraband which shall be subject to civil forfeiture. The term includes, but is not limited to:

(1) Kits used, intended for use, or designed for use in the planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances.

See part 4 above ^^^

There are states that do not include the word "identifying" where the kits would be legal...

Now, whether or not you would get busted for it is another question...
 
If you give me a bit I can find out. It takes a while to search through state codes especially if they don't have a good search engine or none at all.
 
I have thought about this when we started EZ Test. We decided to go aheawith the project based on the following. Firstly, the test does not render an absolute,definitive identification, it gives an indication. It does not measure purity and such. Second, the user does not know whether the pill contains a controlled substance. I know this may conflict with laws such as intent to buy a controlled substance,or the analogue act, but these arguments do not apply to the test itself. third, a main characteristic in the definition of paraphernalia is that it has be used directly in the administration of a controlled substance. since you can take a pill without testing (who wants to do that?) this does not apply to the test.
any ideas on this?
 
An attorney friend of mine said he would research this issue, as far as Florida law is concerned. I'll let you know what he finds out.
 
easy e said:
a main characteristic in the definition of paraphernalia is that it has be used directly in the administration of a controlled substance. since you can take a pill without testing (who wants to do that?) this does not apply to the test.
any ideas on this?

I would have to argue that. It may be a *main* characteristic, but not the only.

The term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance

There are several words listed above which do not imply they are used directly in the administration of a controlled substance...

"Testing" seems to be the word that really hits home in this case...
 
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