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InvisibleveggieM

Registered: 07/25/04
Posts: 17,504
Man argues khat, a narcotic plant, is not banned in PA
    #5571762 - 04/29/06 08:33 PM (17 years, 8 months ago)

Man argues khat, a narcotic plant, is not banned in Pa.
April 29, 2006 - pennlive.com

WILKES-BARRE, Pa. (AP) - A man who police say was caught with more than 50 pounds of a narcotic plant called khat wants related drug charges dismissed, saying the substance is not specifically banned by state law.

Shafi Haji-Hussein Brmaji, 41, of Michigan, was stopped for speeding on Interstate 80 near Sugarloaf Township on Dec. 3, 2004.

After receiving a warning, he allowed police to search his rented minivan, where an officer found nearly 24,000 grams of khat in various locations, along with a digital scale and $3,370 in cash.

Brmaji faces a mandatory minimum prison term if convicted because of the amount of drugs seized, Luzerne County Assistant District Attorney Robert Trichilo said. Brmaji is charged with possession of a controlled substance and possession with intent to deliver a controlled substance.

"Mr. Brmaji did not and, given the state of the law, could not have known that he was in possession of a controlled substance," defense lawyer James R. Scallion wrote in recent court filings.

Khat is grown and sold legally in many parts of Africa and Arabia.

Its leaves contain ingredients called cathinone and cathine that, when chewed, produce a mild euphoria similar to ? but less potent than ? that from cocaine or amphetamines.

It is popular throughout the Middle East and, in the United States, among immigrants from Yemen, Somalia and Ethiopia, according to the University of Pennsylvania's African American Studies Center.

According to Trichilo, cathinone and cathine are both controlled substances under state law.


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Offlinefresh313
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Registered: 09/01/03
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Re: Man argues khat, a narcotic plant, is not banned in PA [Re: veggie]
    #5573350 - 04/30/06 06:56 AM (17 years, 8 months ago)

hmm id like to see the rest sometime, khat sound like fun


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OfflineRemainRandom50
Do You Need ToKnow Me?
Registered: 01/15/06
Posts: 1,695
Last seen: 14 years, 9 months
Re: Man argues khat, a narcotic plant, is not banned in PA [Re: fresh313]
    #5574661 - 04/30/06 04:52 PM (17 years, 8 months ago)

i wonder what the outcome of this will be.


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At times I get consumed by my everyday life and will leave the Shroomery. Yet, every time drugs come falling into my life for fun.....I always think about the Shroomery and then I'm back!


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InvisibleBanez
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Re: Man argues khat, a narcotic plant, is not banned in PA [Re: RemainRandom50]
    #5574734 - 04/30/06 05:22 PM (17 years, 8 months ago)

well he should be punished as according to state law... thats like saying.. hey im from amsterdam, brought some weed in .. "oo i didnt know i was violating america's laws, its legal in my country".. fuck him and lock him up..


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InvisibleBanez
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Re: Man argues khat, a narcotic plant, is not banned in PA [Re: Banez]
    #5574749 - 04/30/06 05:29 PM (17 years, 8 months ago)

and even if hes agruing about the contents.. isnt it the same deal thats with peyote.. the plant isnt actually what is scheduled.. its mescaline.. to me.. its just another person whos trying to find a loop hole in the system, and it pisses me off that hes using his ethnicity to do so


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InvisibleveggieM

Registered: 07/25/04
Posts: 17,504
Re: Man argues khat, a narcotic plant, is not banned in PA [Re: veggie]
    #5591669 - 05/04/06 08:54 PM (17 years, 8 months ago)

Man: Suspected drug was for personal use in tea
May 4, 2006 - timesleader.com

WILKES-BARRE – Shafi Brmaji testified Wednesday that he intended to use 52 pounds of the suspected drug khat to brew tea for himself, not to peddle to others.

Brmaji, an Ethiopian who has previously said he never knew khat was illegal in the United States because of its legality in his country, testified that he’s been using the leafy-green substance his entire life.

But it’s so hard to find in the United States, he had to buy 52 pounds of it on a trip to New York City, enough to last for several months, he said.

Brmaji, 42, pleaded his case Wednesday before jurors hearing testimony in his trial on drug charges, hoping they believe he never intended to sell the drug.

He is charged with possession and possession with intent to deliver a controlled substance.

He would face a mandatory minimum sentence of several years in prison if convicted of possession with intent to deliver.

Brmaji was charged after police stopped a speeding vehicle he was driving in December on Interstate 80 in Sugarloaf Township.

Brmaji was returning to his Michigan home from New York City, and he allowed troopers to search the vehicle.

Police found more than 23,700 grams of khat, a digital scale, and more than $3,000 in the rental van, they said.

That’s evidence of a drug dealer, said Luzerne County Assistant District Attorney Robert Trichilo.

Trichilo said khat is illegal because it contains cathinone and cathine, both controlled substances in Pennsylvania.

Khat is a natural stimulant from plants grown in Africa and Arabia. The leaves are typically chewed like tobacco and produce a mild cocaine- or amphetamine-like euphoria that is much less potent than either substance.

Testimony began Wednesday in Luzerne County Court of Common Pleas with Trooper Louis Rossi telling the jury how he found the khat and other items inside Brmaji’s van.

The khat was later tested and found to contain cathinone and cathine.

Based on what Rossi found, he believed Brmaji was selling the khat.

But Brmaji, with a heavy accent, later told the jury he never intended to sell the substance. He even said the stuff police found isn’t the illegal drug khat, but a different substance.

According to Brmaji’s testimony:

He owns a clothing store in Michigan and he was going to New York City to buy some winter clothing from wholesalers.

He found no clothing that he wanted, but he stopped at some other stores, including an African grocery store.

There, he saw the suspected khat, packaged individually in 270 sandwich bags.

He paid $330 for all of it.

“We use it for tea,” he said.

Each sandwich bag, he said, makes one pot of a tea, which is comparable to coffee.

Sometimes he chews the leaves, he said.

“Did you ever intend to sell any portion of this?” Brmaji’s attorney, James Scallion asked.

“No,” Brmaji replied.

Brmaji said he bought so much of the stuff because he could only find the substance in New York City and Detroit on certain occasions.

That amount, he said, would last him about six or seven months.

Trichilo asked about the other items found in the van. He questioned Brmaji why he would carry a digital scale and more than $3,000 in cash.

Bramji said he bought the scale in New York City because he often flies to Ethiopia and needs to weigh his luggage.

The cash, Brmaji said, was to buy the clothes.

Brmaji was the final witness in the case. Jurors are expected to begin deliberations today after Judge Chester Muroski instructs them on the law.


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InvisibleBanez
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Registered: 09/23/05
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Re: Man argues khat, a narcotic plant, is not banned in PA [Re: veggie]
    #5591714 - 05/04/06 09:05 PM (17 years, 8 months ago)

hmm at first read i had a very negative take on this guy.. althou after reading the 2nd article.. i dont believe he is innocent, not saying that, but maybe he was just buying it for personal use? idk.. either way, wouldnt it be a crime to possess that much?

i dont buy his whole excuse on he was going to buy clothes.. who pays cash when u buy wholesale and in large quantities.. i guess it is possible..


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InvisibleveggieM

Registered: 07/25/04
Posts: 17,504
Re: Man argues khat, a narcotic plant, is not banned in PA [Re: veggie]
    #5593105 - 05/05/06 07:37 AM (17 years, 8 months ago)

Jury deadlocks in khat drug case
May 5, 2006 - timesleader.com

WILKES-BARRE – Shafi Brmaji said he bought 52 pounds of the suspected drug khat to brew tea.

Apparently some jurors bought his story.

A jury on Thursday deliberated for more than four hours before telling a judge they were deadlocked and could not reach a verdict in the case.

And it appeared at least one juror was having a hard time determining whether Brmaji was aware he had an illegal drug, as prosecutors needed to prove in order to convict Brmaji.

Brmaji, 42, was on trial in Luzerne County Court of Common Pleas charged with two counts each of possession and possession with intent to deliver a controlled substance.

He was charged after state police in December found 52 pounds of the uncommon drug called khat in Brmaji’s van on Interstate 80 in Sugarloaf Township.

Khat is a natural stimulant from plants grown in Africa and Arabia. The leaves are typically chewed like tobacco and produce a mild cocaine- or amphetamine-like euphoria that is much less potent than either substance.

It is illegal because it contains cathinone and cathine, both controlled substances in Pennsylvania.

But Brmaji, an Ethiopian who has been in the U.S. for 16 years, testified Wednesday under questioning from his attorney, James Scallion, that he bought the substance because he has traditionally used it to make tea, not to peddle.

The substance is legal in some countries.

In order to convict Brmaji of the charges, Assistant District Attorney Robert Trichilo had to prove Brmaji “was aware of the items’ presence and that the item was the controlled substance charged.”

The jury began deliberations shortly after noon Thursday. Throughout the afternoon, the jury asked Judge Chester Muroski several questions.

Most dealt with asking the judge to clarify the definition of Brmaji being “aware of the items’ presence.”

Some confusion was evident among jurors.

“That the defendant was aware of the cathinone and cathine…” one juror began asking Muroski.

The judge interrupted and explained that he could not discuss those specifics.

The jury later told the judge it could not reach a verdict.

The deadlock allows Trichilo to retry Brmaji on the charges. The prosecutor vowed to do so.

The possession with intent to deliver charge carries a mandatory jail sentence of years in prison.

Brmaji’s case is believed to be the first khat case in Luzerne County.

State Trooper Louis Rossi said he stopped Brmaji on the highway for traveling 75 mph in a 65 mph zone.

Brmaji said he was traveling back to his Michigan home from New York City, where he had gone to shop at clothing wholesalers.

He later allowed troopers to search his van. They found more than 23,700 grams of suspected khat, a digital scale, and $3,000 cash. The khat was tested and found to contain cathinone and cathine.

Trichilo said he respected the jurors’ efforts.

“They definitely put their heart in to it,” he said. “I know they tried their best.”

Trichilo said it appeared 11 jurors were in favor of a verdict, while one juror was holding out.

Scallion could not be immediately reached after court.


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Offlinehobbitxkillyou
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Registered: 08/11/05
Posts: 943
Loc: Pennsylvania
Last seen: 16 years, 5 months
Re: Man argues khat, a narcotic plant, is not banned in PA [Re: veggie]
    #5593116 - 05/05/06 07:43 AM (17 years, 8 months ago)

Wilkes-Barre is *very* near where I live. I just got home from college two days ago though, so I haven't heard anything about this.


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Offlinefresh313
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Re: Man argues khat, a narcotic plant, is not banned in PA [Re: hobbitxkillyou]
    #5593138 - 05/05/06 07:58 AM (17 years, 8 months ago)

well im not for the prosecution obviously
but the problem with his story
khat doesnt last for months from what ive heard
the methcathionine breaks down after a week or so.
so he was obviously selling it.

anyway i hope he gets off clean.


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Offlinewhowantsrabies
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Registered: 04/17/06
Posts: 40
Last seen: 17 years, 6 months
Re: Man argues khat, a narcotic plant, is not banned in PA [Re: fresh313]
    #5593702 - 05/05/06 11:26 AM (17 years, 8 months ago)

Yea, I don't care how bad his excuses are or if he's trying to use his ethnicity to get out of jailtime. I think he should try whatever he thinks may work, nobody deserves jailtime for possessing anything that other people say they shouldn't have.. substance-wise.


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InvisibleBanez
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Re: Man argues khat, a narcotic plant, is not banned in PA [Re: whowantsrabies]
    #5595456 - 05/05/06 07:39 PM (17 years, 8 months ago)

thats one way of looking at it.. i guess im a bit of a racist in that matter.. not that i have anything against african americans, because i dont.. but i do have an automatic hate that jumps into my heart when a 40+ year old from africa tries to use his ethnicity to cover up what he was doing..

everyone knows if it was some 20 year old white dude trying to use a similar defense he'd get nailed


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