d*l*b said:
Research chemicals, whether analogues of common scheduled substances or not, are typically sold with a notice that they are not for consumption. This means that producers and vendors do not have to deal with issues like the FDA over in the US. If somebody does consume them and something goes wrong then the supplier can say that the user was warned that it was not to be consumed, rather it was for research.
I don’t know how to state it more clearly — if the structure means it stands as a controlled substance under whatever analogue laws you have where you are it won’t suddenly become legal to produce, transport or sell just because it is not offered for consumption, unless you have a license to do so.
legislature passed a law called the “Analogue Act”. Under this act the substance must: 1) have a “chemical structure” substantially similar to a controlled substance; 2) have, be intended to have, or represented as having “pharmacological effects” substantially similar to the controlled substance and must 3) be intended for “human consumption”.
There are 3 legal requirements for a compound being seen as an analogue by the Fed. Analogue act. They are listed above, now consider the situation below:
Now say a chemical does not have a chemical structure similar to a scheduled compound ("similar in structure" is a term that leaves much room for debate), but the chemical produces effects identical to a scheduled compound, this chemical is seen by the law as an analogue, unless it is not represented as having action equal to a scheduled compound (by claiming that it was never intended for human consumption). By claiming that human consumption was never intended the Fed. Analogue act is circumvented.
Alexander shulgin discusses all this in depth in the "designer drugs" chapter of TIHKAL, but it's been long time since TIHKALs publication, and laws have undoubtedly changed since then.
Legislation is being enacted to close this loophole, below is an example:
BILL NUMBER:A6609
TITLE OF BILL: An act to amend the general business law, in relation
to the sale and labeling of products not safe for human consumption
PURPOSE OR GENERAL IDEA OF BILL:
This bill has the dual purpose of closing a loop hole for enforcing
the Federal Analog Act (21 U.S.C. S 813) in New York State and also
protects public safety. Many new designer drugs label their products
"not safe for human consumption" to avoid enforcement under the
restrictive requirements of the Analog Act. However, they do not
reveal what chemical compounds are being used in their production, as
responsible manufacturers already do. When people are hurt by these
products, doctors and poison control are inhibited in their care by
being unable to pinpoint the poisoning agent. This bill requires that
products labeled "not safe for human consumption" also state their
ingredients and active chemicals.
I'm not a law student, so I was hoping that someone could clarify the current legal situation regarding analogue compounds. I'm not ignorantly asking questions, I've been going over the federal analogue act in the little free time I have had in the last few days, the legal language is vague and unspecified, and there are many situations were compounds can slip through the 3 legal requirements for what makes a compound an analogue.
-EG