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Offlineshaman_nic420
wook

Registered: 08/19/08
Posts: 149
Last seen: 7 years, 4 months
Bath Salt raid
    #15181699 - 10/05/11 04:34 PM (9 years, 7 months ago)

Hello i work at a head shop in colorado and we got raided for our bath salts which there is no exact law written at the the moment . anyways i was wondering do u think i the employ will get in trouble or just the owner its been buging me....i just sold wat he said and we both thought it was a legitimate product


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OfflineRewindicus
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Registered: 06/05/11
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Re: Bath Salt raid [Re: shaman_nic420]
    #15181727 - 10/05/11 04:37 PM (9 years, 7 months ago)

lol you thought it was a legitimate product?

i dunno man things are getting really hairy with the way legislation and prosecution is around bathsalts these days. Your best bet would be to just call a lawyer they could answer your question correctly and quickly rather than going off opinions on here. just sayin.


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Offlinesunshine
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Re: Bath Salt raid [Re: Rewindicus]
    #15181770 - 10/05/11 04:45 PM (9 years, 7 months ago)

I'm afraid to blow glass pipes.  They seem to raid people at random.


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OfflinepsilocybinjunkieM
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Re: Bath Salt raid (moved) [Re: shaman_nic420]
    #15183449 - 10/05/11 10:26 PM (9 years, 7 months ago)

This thread was moved from The Psychedelic Experience.

Reason:
better fit


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InvisibleLateForTheFuture
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Registered: 02/24/03
Posts: 843
Re: Bath Salt raid (moved) [Re: psilocybinjunkie]
    #15184322 - 10/06/11 01:25 AM (9 years, 7 months ago)

Pretty interesting to hear. I highly doubt you'll be charged with anything (or even the owner) but I'm in TX. I think ultimately you yourself don't have much to worry about.

Good luck,

LFTF


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OfflineCherk
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Re: Bath Salt raid [Re: shaman_nic420]
    #15187975 - 10/06/11 08:05 PM (9 years, 7 months ago)

you able to tell me what shop you work at?


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OfflineAlan RockefellerM
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Re: Bath Salt raid [Re: shaman_nic420]
    #15195728 - 10/08/11 02:00 PM (9 years, 7 months ago)

I am guessing you will be OK since the analog act only applies if the substance was intended for use as a drug.

Since the substance you were selling was clearly intended for use in a bath...

Unless Colorado has banned the substances recently.  Some states have.

If it isn't illegal I am not sure what right the police have to sieze it.


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InvisiblenaumM
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Registered: 10/10/07
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Re: Bath Salt raid [Re: Alan Rockefeller]
    #15195880 - 10/08/11 02:43 PM (9 years, 7 months ago)

I think you'll be okay too barring civil action or local ordinances. The possibility of prosecution rests largely on exactly which chemical was contained in the products you sold. I suspect the drugs are being held until the DEA Final Notice goes into effect.

The DEA Final Notice for the quote below should be published in the next week or so.

Quote:


The Administrator of the Drug Enforcement Administration (DEA)
is issuing this notice of intent to temporarily schedule three
synthetic cathinones under the Controlled Substances Act (CSA) pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). The substances are 4-methyl-N-methylcathinone (mephedrone), 3,4-methylenedioxy-N-methylcathinone (methylone), and 3,4-methylenedioxypyrovalerone (MDPV). This action is based on a finding by the Administrator that the placement of these synthetic cathinones into schedule I of the CSA is necessary to avoid an imminent hazard to the public safety. Any final order will be published in the Federal Register and may not be issued prior to October 11, 2011. Any final order will impose the administrative, civil, and criminal sanctions and regulatory controls of schedule I substances under the CSA on the manufacture, distribution, possession, importation, and exportation of these synthetic cathinones.





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Offlineshaman_nic420
wook

Registered: 08/19/08
Posts: 149
Last seen: 7 years, 4 months
Re: Bath Salt raid [Re: naum]
    #15207943 - 10/11/11 02:25 AM (9 years, 7 months ago)

(e) Any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers:
(I) Cathinone;
(II) Fenethylline;
(III) Methcathinone;
(IV) N-ethylamphetamine;
(V) (+) Cis-4-methylaminorex;
(VI) N,N-dimethylamphetamine.
(f) Any material, compound, mixture, or preparation containing any quantity of gamma hydroxybutyrate [GHB], including its salts, isomers, and salts of isomers.
(g) Any material, compound, mixture, or preparation which is a controlled substance analog, the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in this subsection (2) or that was specifically designed to produce an effect substantially similar to or greater than the effect of a controlled substance listed in this subsection (2), all or part of which is intended for human consumption.


^^^ thats the charge they say they got me on.....what it says to me if its labeled not for human consumption it can be sold


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InvisiblenaumM
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Registered: 10/10/07
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Re: Bath Salt raid [Re: shaman_nic420]
    #15208616 - 10/11/11 09:44 AM (9 years, 7 months ago)

Unfortunately, I've seen several cases where the prosecution has gone ahead and tried to prove that they were in fact intended for human consumption despite being labeled that there were not.

They do this by calling in experts, having witnesses state that you described the method of consumption/alternate use for the bath salts, possibly presenting recordings of you making statements regarding consumption or effects of the substance, and so forth.

The damage is already done, but for others to avoid a legal situation it is important to just sell molecules which could fall under the analog act as chemicals or bath salts without any reference to consumption, use, effects, etc.

If you made statements that could be compromising then get a good lawyer. I think you can still beat this.

Also the only structure that might truly be considered an analog would be 4-MMC aka. mephedrone.

However this wording does not appear in the Federal Analogue Act gives me pause:

Quote:

or that was specifically designed to produce an effect substantially similar to or greater than the effect of a controlled substance listed in this subsection




Prosecution might try to prove this, but I think a good lawyer with a good expert witness could dismantle this argument quickly.


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Offlinenoobshroombloomer
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Registered: 08/25/11
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Re: Bath Salt raid [Re: naum]
    #15250567 - 10/20/11 03:21 AM (9 years, 6 months ago)

The idea that they are not for human consumption because it says so on the package doesnt really hold up.  Its like going to a cop and saying "OFF THE RECORD, I just killed a guy".  That being said though you should be fine.  Play dumb.  You sold what the guy told you to sell, you werent in charge of researching every banned substance in America or Colorado and figure out if your products fell into the list. Thats his job.  Same thing happened with Salvia in a few statesa couple years back.  Most of the time they just take your shit and the investment loss is punishment enough.  Worst case is they could shut you guys down for good but its really unlikely they'll bring charges on you.


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Offlinefireshaman
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Re: Bath Salt raid [Re: noobshroombloomer]
    #15285863 - 10/27/11 02:28 PM (9 years, 6 months ago)

Ignorance of a law is not a real defense.

It's like saying I didn't know theft is illegal, it does not matter.

It's possible it may matter in sentencing, but not in the guilty or not guilty phase.

Yes if you made incriminating statements, I'd get with the best lawyer you can find.  You could maybe take a plea bargain, but they basically have you caught red handed if you did make a recorded conversation about eating these.

I've been charge with possession of an analog over a decade ago, and they have different hurdles to prove, but if you said it was for eating, they've got ya.


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Offlineshaman_nic420
wook

Registered: 08/19/08
Posts: 149
Last seen: 7 years, 4 months
Re: Bath Salt raid [Re: fireshaman]
    #15323843 - 11/04/11 09:21 PM (9 years, 6 months ago)

never sold for eating......i was just working at the store that was selling em i dont own any part of the store


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Offlinethissongis
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Re: Bath Salt raid [Re: shaman_nic420]
    #15323876 - 11/04/11 09:28 PM (9 years, 6 months ago)

I know of a few local shops that got raided in the past few weeks for spice and bath salts and the people that worked the store got arrested with the owners, so be lucky they didnt go ahead and take you in. You should be fine if they havent fucked with you yet. :shrug: As long as you never directed anyone on how to use them that is.


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Offlineshaman_nic420
wook

Registered: 08/19/08
Posts: 149
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Re: Bath Salt raid [Re: thissongis]
    #15327199 - 11/05/11 04:29 PM (9 years, 6 months ago)

yea i mean if the raid happened like couple days ago id be fucked cuz on oct 13 all bath salts a federally banned but the raid was 2 days b4 this ban said they had us on a state cathianone analog Wat ever that is. but i read that law and it pretty much said it is illegal if sold for human consumption this bill was wrote in 2009. and i ALWAYS sold the stores poduct NOT for human consumption if some one said it gets u high id correct them or tell them to leave.no arrest wear made nor a shutdown of the store i quit tho...and i guess the products the cops had wea going to be tested so i guess its a waiting game


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InvisibleSociety
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Re: Bath Salt raid [Re: shaman_nic420]
    #15386161 - 11/17/11 10:52 PM (9 years, 5 months ago)

I'm interested in seeing how this turns out.  Sounds like complete bullshit.


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