Simply put, analog drugs are narcotics that are extremely similar to existing drugs that have already been cataloged as controlled substances, at both the state and federal level. Since these drugs are precisely, synthetically engineered, the makers of these drugs will make them nearly identical to the real thing, with just enough variation in the chemical structure that they can’t be treated the same. What’s more is that these drugs can be made to have nearly identical experiences for their user, even if the composition is quite a bit different from the original. The tricky thing with regulating these drugs is that the moment one analog is regulated, its creator could alter its composition just enough to evade the law.
The way around this for law enforcement is to ban the practice of manufacturing analog drugs altogether. As a result, it’s important to understand what your options and rights are under the law should you end up facing an analog drug charge, and keep in mind that the best way to mount a successful legal defense is to find an attorney who has extensive experience in analog drug crimes, so that you can have that much better of a chance at getting your charges reduced, or maybe even dropped altogether.
What are the specifics of the law?
When it comes to analog drug charges, both the state and federal laws work together to make sure that people who actually create analog drugs won’t be able to get out of potential criminal charges by simply changing the chemical compositions of their drugs. So in simple terms, any analog drug that you’re being charged with manufacturing and/or selling will be treated as if it is a Schedule I controlled substance.
There are a couple of definitions that apply to analog drugs, and all of these have to be met in order for you to be charged with either possessing or selling them. So in simple terms, an analog drug needs to be nearly identical chemically to the controlled substance that it’s been made to mimic. Also, the drug has to have some kind of effect that is either identical or substantially similar to the controlled substance that it’s been made to mimic. The courts have held that in order to combat this growing problem of analog drugs that have been flooding the market, they will now treat these analog drugs as if they’re illegal controlled substances, which is exactly what they’re trying to mimic. And as you can imagine, that means no way out of criminal charges, and potentially lengthy prison sentences.
What are the penalties for this?
As with all other similar drug charges, the actual penalty for either possessing or selling an analog drug will all depend on how much you either have on you or sold, and of course this analog drug will be treated as if it’s a Schedule I controlled substance. Along with this, you could end up being charged with manufacture, possession, or even possession with the intention to either sell or distribute the drug, along with a variety of other, similar charges. You could end up being prosecuted either at the state or federal level for these analog drugs, and mandatory minimum sentences could very well apply if you end up being charged with a federal crime. Which is all to say that it’s vitally important that you find not just an attorney, but an attorney with extensive experience at dealing with exactly the sort of case you’re facing at this moment, cases of analog drug crimes. This is the only way that you’ll stand a chance of getting your charges reduced or even (hopefully) dropped altogether.
Considering that we’ve discovered together just how serious of a charge analog drug crimes are, it’s extremely important that you deliver a preemptive strike against your charges and forge a competent defense. While there is a sizable burden of proof that the prosecution has to contend with, you’ll obviously not want to give prosecution an inch when it comes to leveling charges against you. So if you’re facing legal trouble and need some help, it’s best that you reach out to the law firm of Joseph Potashnik and Associates, PC. We’ll get you the help that you need.