Rhode Island Drug Possession Attorney

Designer Drugs

Police first noticed the problem of designer drugs during the 1980's, when synthetic forms of the highly addictive narcotic heroin began hitting the underground market. A “designer drug” is a chemical designed to have the same effects as a currently illegal drug. Because the chemical structure is different, however, the new is drug is not technically illegal – or so the theory goes.

In truth, the Controlled Substance Act of 1970 was quickly amended when politicians were first alerted to the problem of designer drugs. The CSA was originally written to regulate the sale and use of any drug, legal or not. The only exceptions are caffeine, tobacco and alcohol. Originally, the act was phrased to mention specific chemicals, allowing designer drugs to be used as a loophole. This loophole was closed before long, however, by the Federal Analog Act.

The Federal Analog Act was added to the CSA in 1986. According to this act, any drug that causes the same effects as a Schedule I (no medical use, illegal) or Schedule II (some medical use, carefully regulated) drug is legally classified as Schedule I. This effectively bans all designer drugs before they can even be developed. Although this legislation has been controversial, many argue that it is necessary because unregulated drugs produced by amateurs can be very dangerous. For example, one popular designer drug of the 1980’s, an analog of Demerol known as MPPP, was found to contain an impurity that caused brain damage similar to Parkinson’s disorder in some of its users.

In the late 1990’s, people attempted to sell a new type of designer drug over the internet. Commonly known as “research chemicals,” they are generally analogs of hallucinogens such as mescaline. Their creators have argued that they are not designed for human consumption and so are technically legal. This defense has not prevented them from being arrested and convicted of selling Schedule I drugs.

If you have been charged with a drug offence, contact Rhode Island drug possession lawyer James Powderly at 401-662-9006.