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Anonymous #1
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Is it dangerous to talk about growing/synthing drugs?
#12471078 - 04/28/10 11:34 AM (14 years, 24 days ago) |
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Nothing serious but me and a couple of friends been discussing at some length about synthesising mdma, acid and few other substances, out of professional interest, nothing serious just as a hobby to trip out etc. And i just wanted to check there is no harm can come from that right (talking about it)?
But 1 of my friends lives in eastern europe and i was wondering if the laws are any different in there, couldn't they for example charge him with attempt/conspiracy to manufacture controlled chems?
Any help greatly appreciated
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Is it dangerous to talk about growing/synthing drugs? [Re: Anonymous #1]
#12471362 - 04/28/10 12:34 PM (14 years, 24 days ago) |
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You better watch yourself and be careful to not commit conspiracy.
Here's a previous post I made on conspiracy charges...
Quote:
It's "conspiracy to manufacture a controlled substance" and it is usually a felony.
If he grows a bunch of mushrooms and sells them, then gets busted (or it was a setup) you could be facing the same charges as him.
The three elements of a conspiracy are:
(1) that two or more persons conspired, or agreed, to commit the crimes described in the indictment;
(2) that the defendants knowingly and voluntarily joined the conspiracy; and
(3) that a member of the conspiracy did one of overt acts for the purpose of advancing or helping the conspiracy.
Don't let the language fool you, these elements are usually very easy to prove.
1. If he's asking you about growing them you know a crime is being committed.
2. Unless he had you at gunpoint this point is a given.
3. Giving him the spores was your one "act in furtherance of the conspiracy".
So it's pretty likely you are already guilty of conspiracy to manufacture a controlled substance. Sometimes even just giving advice has been considered the act in furtherance.
So watch those three points. For conspiracy you don't actually have to make any sort of attempt at committing a crime.
Just remember the potential is there and you better make sure they can't prove their 3 elements. All three are pretty easy to prove.
Usually they'll get a member of the conspiracy and get them to talk. Even if they were working alone they'll often implicate the others for a reduced sentence. They can easily get the elements proven on tape when your buddy wears a wire or they surveil you or get your computer.
Quote:
"Hey man, lets try to make some mdma. I got some stuff, let's try the first reaction and see if it works!"
"Ok" (element 1)
[Dude does NOT have a gun pointed at your head] (element 2)
"Can you download that file from Rhodium or get the archive for me?"
"Ok" (element 3)
Right then and there you're guilty of "conspiracy to manufacture a controlled substance". You don't have to go to his house or try to do the reaction. As soon as you get him that file that's your "one act in furtherance of the conspiracy" and you're just as guilty as the others. You're also all just as guilty as if they had actually made the mdma.
So that's how saying "OK" twice can make you guilty of a felony conspiracy.
If it was a bank robbery conspiracy #3 could be as simple as you telling him when the bank opens in the morning. Giving him information would be the act in furtherance.
In your case he could ask which reaction to use for a certain step. If you give him advice that would be your one act in furtherance.
Just be careful. Knowing the exact elements they need to prove goes a long way to avoiding unintentional entry into a conspiracy.
-FF
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Anonymous #2
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Re: Is it dangerous to talk about growing/synthing drugs? [Re: fastfred]
#12471747 - 04/28/10 01:43 PM (14 years, 24 days ago) |
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Awesome post.
This can be applied to numerous situations, although I do nothing illegal personally (really).
Always wondered about things like this and why they were additional charges on people posted in the News section sometimes.

Thanks again, FF.
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numonkei
Back! From thedigestive tractof dave theiguana!

Registered: 04/12/06
Posts: 2,500
Loc: A Tree
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Re: Is it dangerous to talk about growing/synthing drugs? [Re: Anonymous #1]
#12480563 - 04/29/10 09:40 PM (14 years, 23 days ago) |
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Quote:
Nothing serious but me and a couple of friends been discussing at some length about synthesising mdma, acid and few other substances, out of professional interest, nothing serious just as a hobby to trip out etc.
Out of "Professional interest", but ",nothing serious just as a hobby to trip out etc."
I wouldn't worry too much, not at least until you understand some of the material. At that point it might seem more wise to either say "fuck it", or just stop talking with your friends before you make it happen.
It is VERY dangerous. Or not, depending on who you talk to. Assume the first of these two scenarios if you really wish to go forth with such aspirations in this country.
And Fred is spot-on.
~Monk
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Freedom
Pigment of your imagination


Registered: 05/26/05
Posts: 6,016
Last seen: 1 month, 21 days
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Re: Is it dangerous to talk about growing/synthing drugs? [Re: numonkei]
#12490266 - 05/01/10 06:06 PM (14 years, 21 days ago) |
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I knew a dude that grew and sold 1lb of marijuana to a friend.
Turns out that friend was part of 'the cartoon network'.
Dude had to plead guilty to conspiracy to distribute over 1000lbs of marijuana, even though he knew nothing about his friends involvement with the cartoon network.
See, the friend gave up the dudes name to the feds. Dudes lawyer said the feds are mean mother fuckers and its just dudes word against friends word. If he fought the charge most likely he would get a much higher sentence then the plea deal.
Perhaps if the dude was really part of a conspiracy he would have protected himself better.
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Niwita
Village Idiot



Registered: 04/30/10
Posts: 4,040
Loc: Under a Rock
Last seen: 11 years, 6 months
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Re: Is it dangerous to talk about growing/synthing drugs? [Re: Freedom]
#12495828 - 05/02/10 08:55 PM (14 years, 20 days ago) |
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I learn something new every day. ....FTP
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