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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3426
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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With the dea banning 5 chemicals, to deal with the synthetic

Resolved Question:

With the dea banning 5 chemicals, to deal with the synthetic marajuana issue. They list the proposed 5 chemicals that will be banned. Is it then to mean only those 5 chemicals will be illegal? What about the Analog Act? If you sell synthetic marajuana that doesnt list those 5 chemicals, your in the clear? Unless they ban the chemicals in the product you sell. Or does the Analog Act ban all the chemicals in synthetic marajuana?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 6 years ago.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

I see you have allowed your last two questions to be timed out without an Accept. As you know, this site is not a free site, and customers are urged to ACCEPT the expert's answer if they are satisfied with it and if it has been helpful. Also, I can not provide legal representation, and can only give you information based on the law. If you understand all of this, please reply with a Yes and I will assist you.

Customer :

yes

Michael J, Esq. :

Thanks.

Michael J, Esq. :

As you know, the state can only prosecute what specific statutes deem as illegal acts.

Michael J, Esq. :

Making those chemical makeups illegal allows them to prosecute those types of synthetic marijuana easily.

Michael J, Esq. :

The Analog act makes the possession any substance substantially similar to an illegal substance illegal as well.

Michael J, Esq. :

So, to answer your question, you aren't necessarily in the clear if the chemical makeup of whatever you were caught in possession of doesn't match the 5 prescribed chemicals exactly.

Michael J, Esq. :

You can still be prosecuted for having a substance similar to an illegal substance.

Michael J, Esq. :

Good luck!

Michael J, Esq. :

I wish you the best of luck! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael





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Customer: replied 6 years ago.
See alot of retailers see the dea banning 5 chemicals. They see this and think there in the clear. Why wouldnt the dea , have in there about the analog law. Seems like its an awful gray area, when they talk about the analog law. People only see the banning of the specific chemicals. Are going to sell different synthetic marajuana. With what they belive is legal to sell. Seem's like a set-up to me.
Expert:  Michael J, Esq. replied 6 years ago.
Yes, there is a lot of gray area. For instance, you may fall between the 5 chemical ban and the Analog law by not containing those chemicals and not being "substantially" similar to a controlled substance, but still something that is harmful if ingested and "should" be illegal.

Michael