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5MEO Analog Charge, HELP

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Pythonguy

Rising Star
Alright, Sadly but surely I had a play date with some less than favorable people at a Festival and now am facing some serious drug charges.

Among other substances, I was caught with 5MEO DMT, extracted it myself from Bufo Alvarius, So I know exactly what it was. the labs came back from the doughnut shop and there charging me with (appears) NN over the 5MEO, 5-Methoxy-n,N, DMT, as an analog. Which from my research has shown me, I am the first case to be charged this way, and I would like to stick it to the man so to say and maybe help set a precedent for future generations.

Im being charged in the great state of Illinois and would really like some help finding a legal loophole or something.

Thank you for your time!

Patrick.
 
definitely find a good lawyer.. I dont know if anybody knows one to suggest you one here.. Maybe post in other forums like shroomery as there are plenty of americans there, maybe someone knows a good lawyer to recommend..

Wish you all the best, bro!
 
I have a great Lawyer, I just figured someone here would have insight as its never happened before.
 
You could always try the religion loophole. I think there is a toad smoking religion. It works for other drug using religions.
 
how do you get caught with that anyway? Swim never goes anywhere with any illegals on him. Its just asking for it.
 
If you milked your own toad I guess you could argue you did it for animal welfare purposes and were waiting to dispose of the toxic venom safely; pretty weak if you had it bagged up amongst other goodies though.
 
I was at a festival, amongst brothers ya know? The 5meo wasn't bagged up, it was bottled and hidden (mainly a headstash deal) that they found, I wasn't working it, it was for friends and family not something I just walked around with and asked strangers if they wanted. It was basically an entrapment case, its just a crappy situation all around.

What makes you say that 5MEO from bufo is bad? I loved it, opened my eyes to a great experience. Its too easy with the Bufo to convert it to not play with it at all.

This Case Is the FIRST Case of someone being charged with 5MEO under the analog act I could set the precedence for future generations.
 
fourthripley said:
If you milked your own toad I guess you could argue you did it for animal welfare purposes and were waiting to dispose of the toxic venom safely; pretty weak if you had it bagged up amongst other goodies though.
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Unless you end up with Judge Homer Simpson, this isn't going to fly.
 
Sorry I didn't see this sooner. I'll tell you what I can.

First off, I'm not a lawyer. I'm simply pre-law. Your lawyer will hate me even talking to you, but my advice is mostly to eliminate your hopes of a religious defense.

Religion won't fly here. If we ever have a martyr try that approach, a LOT of preparation needs to occur beforehand. This situation would have to involve you having a notarized statement detailing your beliefs and signed beforehand. You'd have to pretty much be caught in the act of performing a ritual. Our courts want rituals, and music festivals don't count. It just doesn't meet any of the standards to even hope for a religious defense. I would suggest, and your lawyer I'm sure will suggest as well, that you take another approach. This is not a good case to try the country's first Individual Religious Use defense.

Did you say that they are charging you for possessing a substance you did not have, i.e. the wrong version of DMT? That's probably something that you and your lawyer should capitalize on. Demand extra tests. Get those charges dropped. They'll have to submit an entire new set of accusations, which will delay the hell out of a trial and piss them off, as well as make them look incompetent. Who knows, maybe if you admit guilt to the other charges, they'll drop that one. I don't know what other substances you had on you, but getting rid of the DMT charges is something you definitely need to do. If you're being charged with intention to distribute, that's something you'll want to work on getting downgraded to personal use.

Again though, I'm not a lawyer. Trust your lawyer and take up every moment of his time that you can.

Good luck!
 
Kartikay said:
Did you say that they are charging you for possessing a substance you did not have, i.e. the wrong version of DMT? That's probably something that you and your lawyer should capitalize on. Demand extra tests. Get those charges dropped. They'll have to submit an entire new set of accusations, which will delay the hell out of a trial and piss them off, as well as make them look incompetent. Who knows, maybe if you admit guilt to the other charges, they'll drop that one. I don't know what other substances you had on you, but getting rid of the DMT charges is something you definitely need to do. If you're being charged with intention to distribute, that's something you'll want to work on getting downgraded to personal use.

Again though, I'm not a lawyer. Trust your lawyer and take up every moment of his time that you can.

Good luck!
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It appears as NN but im beginning to think its just how they scheduled it. Basically I had some other things but they tested out false, charges were dropped and its just the analog 5MEO charge and Herb charges (delivery/possession)

Im not sure, its 5-methoxy-NN-DMT is how its worded on the lab results, so im not 100% if there trying to charge me with NN or if its just how the legal mumbojumbo is written, However my lawyer told me they were coming at me with the Analog act for it, Which is the first time they have ever tried this angle with anyone in the states.

Do you know of any loopholes? I was under the impression the analog act only allowed them to charge you if you sold it & not for possession?
 
It's worded like this:

"A controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I."

I think that's very clear that it applies to consumption.

If your lawyer can think of a way to prove that it is not intended for consumption, go for it.

Also, the chemical name is "5-methoxy-N,N-dimethyltryptamine," so it looks like they got the right drug name. It is the first case I've ever heard of where they are using the analog act for this drug.
 
Well That Sucks! Thanks for the information.

Ill keep this updated, my next court date is march 9th I believe, or the 7th, Ill look it up and put it here.

If you find any loopholes etc please let me know Itd be greatly appreciated!
 
absolutely, man. i'm rooting for you.

also, if you know of any articles in the paper about the event, please post them. I'm sure that Erowid and Neurosoup want to keep their information up to date, and they don't have any info on 5-Meo DMT possession actually being prosecuted with the analog act. They probably won't update without at least newspaper proof.
 
Kartikay said:
It's worded like this:

"A controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I."
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5-MeO-DMT is not a controlled substance, and THEY (the State of Illinois) MUST be able to prove beyond a reasonable doubt that you were planning on using it for human consumption. That is very clear in the Analogue Act.

I'd start figuring out a damn fine reason to have that bufo extract OTHER than smoking it.

Were you caught selling it? Smoking it? Did you have smoking paraphernalia on you when you were arrested?

Also, the Analogue Act we are talking about is on the federal level. Their may be state laws that make 5-meo-dmt illegal in your state.... I don't know, but no matter what, make sure you have an informed layer and make sure he fights tooth and nail to get you off.

Stupid American draconian drug laws.
 
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