2c-i posession, charged as schedule 1

Nanogram

Nanogram

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Aug 14, 2010
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My friend was recently arrested for possession of 2c-i. I was with him and heard the officer say "you are under arrest for schedule 1 substance, 2c-i is an analogue of 2c-b" (the officer had just googled 2c-i on his laptop). 2c-i is unscheduled, how can the officer say it's schedule 1? I know it could be considered analogue under the federal analogue act but even so, wouldn't it have to go to federal court? I am confused. My friend has yet to go to court for it, and I will post the outcome.

Has anyone ever heard of any arrests for 2c-i, or any other phenethylamine? (besides 2c-b)
and what was the outcome if so?
 
(1) The Controlled Substance Analogue Drug Bill. This is contained within Public Law 99-570, the Controlled Substances Analogue Enforcement Act of 1986. This is the so-called "Designer Drug" bill which was intended to allow the prosecution of any act associated with an unscheduled drug, if that drug is analogous either in structure or in action to a scheduled drug, and if it is intended for use in man. Here is the exact wording of this amendment:

(32)(A) Except as provided in subparagraph (B), the term 'controlled substance analogue' means a substance --

(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II;

(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or

(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucino-genic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogen effect on the central nervous system of a controlled substance in schedule I or II.

(B) Such term does not include --

(i) a controlled substance;

(ii) any substance for which there is an approved new drug application;

(iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption; or

(iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.

SEC. 203. A controlled substance analogue shall, to the extent intended for human consumption, be treated, for purposes of this title and title III as a controlled substance in Schedule I.


See the bold, that's why.
 
yes, it would be considered an analog of 2c-b and since you where intending to take it, a sch I substance under US law.

Best idea is to argue it wasn't intended for human consumption, get a lawyer.
 
Yup. And if you fail in court, IIRC, this will be the first prosecution for simple possession under the CSA law in the US (prior legal action has targeted vendors and mid-level distributors exclusively). The lesson here is that we should all make use of our right to remain silent.

ebola
 
TBH your friend probably should not have told him what it 2c-i.
 
Is the arrest and his omission that it is 2c-I enough to get a warrant (in the USA) for his laptop/apartment?
 
RE: 2c-i possession

To be moved to the current thread in legal discussion. Anon. due to specific info of the case.

in PA I was found by cops in a car (we were going to buy weed) and they immediately smelled alcohol so they charged me with underaged drinking (only had 2 or 3 but was tripping hard on 2ci). they found a capsule of 2ci in my small front pocket. i wouldnt say what it was, just 'i dont know'. it was a capsule i made (weighed to 15mg) from purchase of 2ci on the internet from a reliable chem supplier.

I wasn't too worried. they said the lab results will be back in 3 weeks. about 2.5 months later, i got a letter in the mail; charges of a schedule II substance- cocaine 0.10 grams. i was outraged, talked to an attorney. he said we could declare discovery and have it privately tested. then i changed my mind because i figured the cop got results back not to his liking (and he didn't like me cause i refused to cooperate at station and he tried to get me to be a rat)... and changed it.

it ended up, after thousands of dollars (i mainly fought cause they wouldn't offer me ARD, their best offer was 3 months house arrest and tons of fines, suspended sentence)... my attorney got me off on an illegal search. i even told the cops at the time, you can only search for weapons but they dug in me deep. they said nope you were arrested. my attorney said it was a gray area whether they can search like that after a summary offense.

he ended up going up to the DA at the underage drinking hearing, and saying "you lost this one just let it go" and got off on those charges, too.

Your friend is lucky enough not to have been framed, but it sucks. What state is this in? some states have analog laws, some don't. i've always thought that a state that doesn't couldn't prosecute, that only feds could.
 
True - i didn't think about that when i quoted the federal Analogs Act above.

Anon that certainly sucks about paying mad money for a lawyer to get the charges dropped, at least it worked though. I'd be pissed as hell if they changed the test results.. Not surprised in the least though. It almost seems fair that if you get charged with something and the charges get dropped/your found not guilty in court that the government or police station should pay your lawyer fees. Just because charges get dropped doesn't mean the damage hasn't already been done. :\

Too bad there are too many obvious problems with this that it will never happen, and never could work in a capitalistic society anyway.
 
I looked but couldnt find much information, I am extra curious too... since I live in NC.
 
It's an old version of the North Carolina Controlled substances Act, but i didn't find a current version, so maybe it hasn't been edited. Either way, it's probably still got this much included:

(5a) "Controlled substance analogue" means a substance (i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II; (ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or (iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; and does not include (i) a controlled substance; (ii) any substance for which there is an approved new drug application; (iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under § 355 of Title 21 of the United States Code to the extent conduct with respect to such substance is pursuant to such exemption; or (iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance. The designation of gamma butyrolactone or any other chemical as a listed chemical pursuant to subdivision 802(34) or 802(35) of Title 21 of the United States Code does not preclude a finding pursuant to this subdivision that the chemical is a controlled substance analogue.

_____________________________________________________________________

§ 90‑89.1. Treatment of controlled substance analogues.

A controlled substance analogue shall, to the extent intended for human consumption, be treated for the purposes of any State law as a controlled substance in Schedule I. (2003‑249, s. 1.)
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