Ignatius J.
Bluelighter
- Joined
- Dec 2, 2008
- Messages
- 126
Okay, so i have been doing some research on the legality of importing certain RC's especially in relation to drug analogue laws
From what i can gather, it is not the TGA prohibited import list that is relevant to a prosecution for importing analogues of controlled substances.
Prosecutions for importation of analogues, either under the Customs Act 1901 (Cth) or the Commonwealth Criminal Code, rely upon the definition of "border controlled drug" in Division 314 of the Cth Criminal Code
The list of what is "border controlled drug" is LARGE but it is still a lot smaller than the TGA prohibited import list. Notably, pyrovalerone is not on this list.
Then comes the ANALOGUE laws. These are broad and start out simple extend to the excessively complex. I was wondering if anyone with a chemistry background could shed some light on what is meant by the more complex provisions
(d) a structural modification obtained by the addition of one or more of the following groups:
(i) alkoxy, cyclic diether, acyl, acyloxy, mono amino or dialkylamino groups with up to 6 carbon atoms in any alkyl residue;
(ii) alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the group, where the group is attached to oxygen (for example, an ester or an ether group), nitrogen, sulphur or carbon;
(iii) halogen, hydroxy, nitro or amino groups; or
(e) a structural modification obtained in one or more of the following ways:
(i) by the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures;
(ii) by the addition of hydrogen atoms to one or more unsaturated bonds;
(iii) by the replacement of one or more of the groups specified in paragraph (d) with another such group or groups;
(iv) by the conversion of a carboxyl or an ester group into an amide group
THEN, if that wasn't enough, there is a nasty "cover-all" provision at the end, typical of those excessive bastards in parliamentary drafting
(f) otherwise a homologue, analogue, chemical derivative or substance substantially similar in chemical structure;
"substantially similar" -- I can't be assed reading the case law to find out its interpretation and im sure by this point, neither could any Cth prosecutor.
CONCLUSIONS
(1) Since Pyrovalerone is not on the list of "border controlled substances" it seems that it may well out side the application of analogue laws for the purpose of commonwealth prosecution
(2) It seems likely that 4-Fluoroamphetamine and 4-mmc fall within the definition as both amphetamine and methcathinone appear on the list of "border controlled substances" BUT -- I am not a chemist so i cannot definitively say whether they fall within those excessively complex analogue provisions
From what i can gather, it is not the TGA prohibited import list that is relevant to a prosecution for importing analogues of controlled substances.
Prosecutions for importation of analogues, either under the Customs Act 1901 (Cth) or the Commonwealth Criminal Code, rely upon the definition of "border controlled drug" in Division 314 of the Cth Criminal Code
The list of what is "border controlled drug" is LARGE but it is still a lot smaller than the TGA prohibited import list. Notably, pyrovalerone is not on this list.
Then comes the ANALOGUE laws. These are broad and start out simple extend to the excessively complex. I was wondering if anyone with a chemistry background could shed some light on what is meant by the more complex provisions
(d) a structural modification obtained by the addition of one or more of the following groups:
(i) alkoxy, cyclic diether, acyl, acyloxy, mono amino or dialkylamino groups with up to 6 carbon atoms in any alkyl residue;
(ii) alkyl, alkenyl or alkynyl groups with up to 6 carbon atoms in the group, where the group is attached to oxygen (for example, an ester or an ether group), nitrogen, sulphur or carbon;
(iii) halogen, hydroxy, nitro or amino groups; or
(e) a structural modification obtained in one or more of the following ways:
(i) by the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures;
(ii) by the addition of hydrogen atoms to one or more unsaturated bonds;
(iii) by the replacement of one or more of the groups specified in paragraph (d) with another such group or groups;
(iv) by the conversion of a carboxyl or an ester group into an amide group
THEN, if that wasn't enough, there is a nasty "cover-all" provision at the end, typical of those excessive bastards in parliamentary drafting
(f) otherwise a homologue, analogue, chemical derivative or substance substantially similar in chemical structure;
"substantially similar" -- I can't be assed reading the case law to find out its interpretation and im sure by this point, neither could any Cth prosecutor.
CONCLUSIONS
(1) Since Pyrovalerone is not on the list of "border controlled substances" it seems that it may well out side the application of analogue laws for the purpose of commonwealth prosecution
(2) It seems likely that 4-Fluoroamphetamine and 4-mmc fall within the definition as both amphetamine and methcathinone appear on the list of "border controlled substances" BUT -- I am not a chemist so i cannot definitively say whether they fall within those excessively complex analogue provisions
