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Colorado Drug Crimes – Possession of Analog – (Analogue) Drugs – A Controlled Substance?

By H. Michael Steinberg Colorado Drug Crimes Criminal Defense Lawyer – Attorney

Colorado Drug Crimes - Possession of Analog - (Analogue) Drugs - A Controlled Substance?

 

 

Colorado Drug Crimes – Possession of Analog – (Analogue) Drugs – A Controlled Substance?  A so called “analog” or “designer” drug is usually a structural or functional copy of a known controlled substance. An analog or designer drug is created to mimic the pharmacological effects of the original controlled substance.



Recent Case In Colorado – District Attorney Fails To Prove Substance Was Actually Controlled

If a Colorado Prosecutor cannot prove that the drug a person is said to have possessed or consumed is illegal to possess or consume, the charges must be dismissed.

Before law enforcement can prosecute a person for illegally using a controlled substance, the drug has to be illegal to possess or use. Today, clandestine laboratories can set up in a matter of hours creating a dizzying array of new drugs for people to swallow, inhale or inject. The distinctions between what is legal and illegal can, at times, becomes blurred to everyone involved.

What Then Is The General Definition Of A “Designer Drug?”

A designer drug is a structural or functional analog of a controlled substance that has been designed to mimic the pharmacological effects of the original drug, while avoiding classification as illegal and/or detection in standard drug tests.

Some designer drugs may start as a sincere and legal effort by academic or industrial researchers to find more potent derivatives of certain drugs that have fewer side effects. Later, these same drugs are “co-opted” for “recreational” use.

Other kinds of designer drugs are intentionally created in the aforementioned clandestine laboratories. These drugs, because they are untested, are among the most dangerous available on the street.

Certain modifications to known active drugs, called “structural analogues, stereoisomers, and derivatives” can yield compounds that differ significantly in effects from their “parent” drug such as increased potency, or decreased side effects. Sometimes the new drug has a completely dissimilar chemical structure.

Synthetic drugs, research drugs, or research chemicals, can be manufactured to chemically resemble illicit drugs, but often can be purchased legally because they are specifically manufactured with a different chemical structure to circumvent drug laws.

Understanding The Requirement Of “Notice” In Colorado Criminal Laws

The most foundational principle of criminal law is that the people have the right to know what the law is. Criminal laws must be sufficiently clear and precise that a person would know in advance that their behavior is legal or illegal.

Colorado’s version of the Federal Controlled Substances Act attempts to ban designer drugs pre-emptively by making it illegal to manufacture, sell, or possess chemicals that were substantially similar in chemistry and pharmacology to Schedule I or Schedule II drugs. This constant battle to keep up with the changes to controlled substances is at the heart of the issue – and that is “notice” that the drug that you are using or you posses is a “scheduled” controlled substance.

Examining Colorado’s Uniform Controlled Substances Act Section 18-18-101

Colorado’s Uniform Controlled Substances Act, § 18-18-101, et seq. (the Act), controls the illegal manufacture and distribution of controlled substances that may have legitimate medical purposes and those that have no medical purpose.

Under Colorado law – a controlled substance “analog” is

(1) a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule II; and

(2) has a stimulant … effect on the central nervous system substantially similar to the stimulant … effect on the central nervous system of a controlled substance included in schedule .

Section 18-18-102(6)(a)(I).

Colorado’s Act is very similar to statutory schemes enacted by several other states and also the federal law in this area – 21 U.S.C. § 802(32).

The federal controlled substances statute – 21 U.S.C. § 802(32) – uses the term “controlled substance analogue” but the federal definition is nearly identical to that contained in Colorado’s statute.

While The Drug May Not Be Listed As A Known Controlled Substance – It May Still Be Illegal

As noted, so called “analogs” are drugs which have been chemically designed to be similar to controlled substances, but which are not themselves listed on the controlled substance schedules. These drugs are manufactured and intended or represented “to produce effects similar to those produced by drugs that are on those schedules.”

If you are caught in possession of these drugs or you are involved in using or distributing “controlled substance analogs” you face the same penalties as those imposed on an individual convicted of drug crimes involving the actual controlled substance such as serious felony charges involving heroin and cocaine.

Under Colorado law, drugs classified as Schedule I or Schedule II substances are considered the most dangerous, and therefore the sentences involving these drugs are among the most severe.

Most analog drugs are classified as among the most closely controlled of all of the controlled substances – Schedule I or II drugs.

The Law: Colorado Controlled Substances Act Defines “Analog”

§ 18-18-102. Definitions

As used in this article:

. . .

(6)(a) “Controlled substance analog” means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in or added to schedule I or II and:

(I) Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II; or

(II) With respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.

[HMS  but note the following section]

(b) The term does not include:

(I) A controlled substance;

(II) A substance for which there is an approved drug application, so long as such substance is in its intended and unconverted form;

(III) A substance with respect to which an exemption is in effect for investigational use by a particular person under section 505 of the “Federal Food, Drug, and Cosmetic Act”, 21 U.S.C. sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or

(IV) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

Summary And Conclusion – Colorado Drug Crimes – Possession of Analog – (Analogue) Drugs – A Controlled Substance?

The most dangerous trend in designer drugs are those drugs that mix several compounds into one pill. A recent designer drug known only as “pink,” is known to be among the most deadly of the newest designer substances.

The DEA caught up to “pink” and classified it as a as Schedule I Drug – because there is no “currently accepted medical use (for the drug) and (it has) a high potential for abuse.”

Other recent “mixtures” can contain multiple compounds, such as methamphetamine and Fentanyl. Some of these drugs are among the most deadly substances on earth and have the potential to be 100 times more potent than morphine.

At least 70 to 80 new street drug compounds have been identified since 2010.

Colorado synthetic drug defense lawyer H. Michael Steinberg represents those charged with, or under investigation for, the many Colorado crimes that relate to designer drugs. H. Michael keeps up to date on laws enacted by the Colorado State legislature and the changes to federal drug laws. Mr. Steinberg defends those in Colorado accused of manufacturing, possessing, and selling synthetic/designer drugs in Denver and the Front Range of Colorado.



Colorado Drug Crimes – Possession of Analog – (Analogue) Drugs – A Controlled Substance?

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The reader is admonished that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate at the time it was drafted but it cannot account for changes occurring after it was uploaded.

If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777.

Never stop fighting – never stop believing in yourself and your right to due process of law. You will not be alone in court, H. Michael will be at your side every step of the way – advocating for justice and the best possible result in your case. H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case

H. Michael Steinberg Best Colorado Criminal Defense LawyerABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at:

hmsteinberg@hotmail.com

A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – please call 720-220-2277.

“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”

You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer. We encourage you to “vet” our firm. Over the last 35 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice.

Putting more than 35 years of Colorado criminal defense experience to work for you.

H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado Drug Crimes – Possession of Analog – (Analogue) Drugs – A Controlled Substance?

Summary
Colorado Drug Crimes - Possession of Analog - (Analogue) Drugs - A Controlled Substance?
Article Name
Colorado Drug Crimes - Possession of Analog - (Analogue) Drugs - A Controlled Substance?
Description
A so called "analog" or "designer" drug is usually a structural or functional copy of a known controlled substance. An analog or designer drug is created to mimic the pharmacological effects of the original controlled substance.
Author

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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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