Synthetic pot cases hard to prosecute, lawyer says

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http://newsok.com/synthetic-pot-cases-hard-to-prosecute-lawyer-says/article/3861874

NORMAN — In March, police raided Dennis and Christie England's shop on the fringes of historic downtown Norman and effectively shut the business down, accusing the pair of selling dangerous synthetic marijuana to the public.

The couple was arrested and charged with possession of a controlled dangerous substance within 2,000 feet of a park. Before they opened Ancient Aromatherapy in January, the Englands had operated Sugar, a bakery that specialized in high-end wedding cakes, for several years out of the same location.

Norman police had watched the couple's business for weeks before they raided it, even warning the Englands to stop selling the synthetic marijuana, which was being sold under such names as “Cloud 9,” “Mad Hatter” and “Kush.”

During an interview with The Oklahoman in April, Norman police Detective Jeff Puckett seemed confident the Englands would pay the price for selling a product that he said is known to cause serious problems to users when abused.

Puckett seemed confident even though XLR-11 — the chemical compound present in the hundreds of grams of synthetic marijuana seized at the Englands' shop in March — wasn't even on Oklahoma's ban substance list.

“The way our statutes are written, we have a couple of different ways to go after them,” Puckett said. “We have a synthetic drug statute and we have a statute for controlled (substances). So, every time we have a new substance, it will end up on our controlled list.”

Yet after a June 24 preliminary hearing before a judge in Cleveland County District Court, the case against the couple — who has since lost everything — was dismissed.

A March 1 report submitted by the Oklahoma State Bureau of Investigation, which tested roughly seven grams of products described as “Zero Gravity Potpourri Juicy Fruit” and “Zero Gravity Potpourri Watermelon,” seemed to hint at trouble for the prosecution.

“Instrumental analysis indicates the presence of an isomer of XLR-11,” Kevin Kramer, criminalistics administrator for OSBI, wrote in the report. “However, this could not be confirmed.”

The Englands' lawyer said this storyline isn't an uncommon one in Oklahoma.

“They're nearly impossible to prosecute,” the couple's attorney Jack Dempsey Pointer said about synthetic marijuana cases.

“It's a matter of them actually confirming it's a banned substance that is giving investigators a hard time.”

The case against the Englands is a prime example of this apparently growing problem.

The story continues: http://newsok.com/synthetic-pot-cases-hard-to-prosecute-lawyer-says/article/3861874
 
Yet after a June 24 preliminary hearing before a judge in Cleveland County District Court, the case against the couple — who has since lost everything — was dismissed.

I wonder why they lost everything if the case was dismissed?

Kalymuzzman, who was arrested but was never charged with any crime related to the raid at his shop, told investigators he made roughly $300,000 selling the synthetic drugs in eight months.

Wow, he must have sold alot of it in those 8 months.
 
Why would anybody volunteer that information to somebody investigating them for a crime?

Are people really such idiots when they talk to cops, or do cops make most of it up?

It's like in Law & Order when they're investigating a murder and they confront the suspect while he's lying, the suspect immediately confesses. The only thing coming out of their mouths should be, "Lawyer motherfucker." They should say that at the beginning of the conversation, not at the end.

Or they could just look at their watches, see that they're approaching the end of the hour, and run. If it's 9:53, you gotta know they're about to bust you and wrap up the plot.
 
Haven't read the thread but just want to mention my opinion on synthetic cannabinoids as I've wanted to do for some time now. I'm the type of person that blames the person not the drug most of the time. But with spice I have seen people go through serious psychotic symptoms due to spice alone. I have a good friend who seems to be permanently borderline psychotic from constantly smoking spice. I think people should be able to smoke spice but I really don't care if they ban this shit because its more like poison than drugs. Id rather my kid snort coke than smoke spice. We really don't know what this shit does to people and I think that should be a significant deterrent.

If you guys want to get high thats cool with me. But I assume your mainly worried about drug test. If that's the case you have many alternatives.
 
^ the problem is that "spice" isn't a drug.
It is brand name, and dozens or hundreds of different drugs have been sold under that name.
If more research were done, we could know which of these drugs is safe or even beneficial (if any).
But banning them won't lead to any more research.
 
Or they could just look at their watches, see that they're approaching the end of the hour, and run. If it's 9:53, you gotta know they're about to bust you and wrap up the plot.

and this is the same reason as to why I know the good guy isn't going to die 18 minutes into the movie...
 
I wonder why they lost everything if the case was dismissed?

.

Legal defence is not free. Shop is closed, no income yet bills still piling up. Products seized/destroyed. Even if they know the charges won't stick its still very easy to shut down a head shop. I am not sure what the laws are on malicious prosecution in the USA. Maybe the cops can keep charging every head shop knowing the case will fail just to ruin people. Its never cheap getting busted.




"The couple was arrested and charged with possession of a controlled dangerous substance within 2,000 feet of a park"


These laws are almost funny. A park? The squirrels might see you? Aren't some cities like an entire drug free school zone?
 
I'm surprised Oklahoma still has parks, seeing as most people in that state want to abolish taxes and sell all public property to oil companies.
 
"The couple was arrested and charged with possession of a controlled dangerous substance within 2,000 feet of a park"


These laws are almost funny. A park? The squirrels might see you? Aren't some cities like an entire drug free school zone?

They discuss this issue in the film The House I Live In.
 
That is what I found most appalling also. To lose everything and it end up being dismissed. It is terrible and seems there should be some way to recoop this. Your whole life ruined because of a gung ho police, and the judge decides you didn't do anything wrong? But your life is still ruined. Attorneys fees, cost of being in jailand not working, possibly bail/bond, the loss of your livelihood, not being able to pay bills etc....

If someone files a lawsuit that is frivilous and the judge finds you have not done anything wrong you can get costs back from that person...
 
^ the problem is that "spice" isn't a drug.
It is brand name, and dozens or hundreds of different drugs have been sold under that name.
If more research were done, we could know which of these drugs is safe or even beneficial (if any).
But banning them won't lead to any more research.

I know what all about what spice is and the various blends etc. I never advocated banning them. I just recommended people to stay away from them. I would also say the same for any new and most old RC's. I think you should be able to buy them if you want to but I don't think people should be willing to take these big risks. People have developed all kinds of problems from being drug guinea pigs.
 
Don’t people know how to sue the city anymore?

Get paid from wrongful accusations...

Get your money back...

Why the fuck does the law fuck with peoples livelihood all the time.

Same shit happens to me. Like they never let you know that your license is suspended until they pull you over. Then you still have to go to jail, have you car impounded, go to court, then pay a fine. Therefore the city just made about $2,000 off of nothing... They could have sent me a letter...
 
Yeah as far as I understand it, simply getting accused of a crime -- any crime -- in the US today has the potential to ruin anyone of modest means. If I was a cold-blooded bastard and someone who wasn't rich and powerful had done me some serious wrong, I wouldn't hit them with a civil suit, I'd simply call their local cop shop and accuse them of of some sort of non-trivial crime that I knew the local courts would be very tough on. Even if the case got dismissed in fairly short order, the stress and money in lawyers' fees it would cost them would probably still really hurt.

The message the public is supposed to take away from this is don't do anything that would even make the police or the justice system look at you twice, because you probably can't afford to be accused, much less convicted, of a crime these days. It's a strong incentive toward socially conservative and conventional behavior at all times.
 
It just robs everyone who gets washed up of pride and dignity.

After all this these people are probably in heavy debt... Really fucked up.

Then when they ask for help, they will get rejected based on this stupid ass trial. Even though they are innocent of wrongdoing, they are guilty.

A waste of justice is worth it to get what isn’t wrong slandered...
 
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