Offense report, and video of stop, identifies substance as Xtacy. Lab says Meth. Which is the best charge?

Go with the lab report. Most X is composed of meth, but with homemade drugs, it is not unusual to see what is sold as X is in reality homemade meth. Might want to call the lab analyst to make sure you are charging property.

I use:
3,4-METHYLENEDIOXY METHAMPHETAMINE

for X

This might help:

Alex, that might make more sense if I hadn't failed college chemistry. The one on the bottom looks like a scorpion and the one on top looks like a scorpion with its pinchers removed.

Looks like a floor plan for an igloo, complete with furniture placement and the back patio.

quote:

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Originally posted by kpm:
I use:
3,4-METHYLENEDIOXY METHAMPHETAMINE

for X

---

But if it is meth, and not mdma, then one need only charge as methamphetamine

Here is a "catch-all" that should cover meth, amphetamine, MDMA, 2CB, DOM, and all the other phenylethylamines:

481.106.  CLASSIFICATION OF CONTROLLED SUBSTANCE ANALOGUE.  
For the purposes of the prosecution of an offense under 
this subchapter involving the manufacture, delivery, or 
possession of a controlled substance, Penalty Groups 1, 
1-A, and 2 include a controlled substance analogue that:
(1)  has a chemical structure substantially similar to 
the chemical structure of a controlled substance listed in the 
applicable penalty group;  or
(2)  is specifically designed to produce an effect 
substantially similar to, or greater than, a controlled substance 
listed in the applicable penalty group.

This might be related to the Federal Analog Act

Alex,

An analog is something different than mdma, for example, that was designed to "skirt" the legal definition for an illegal narcotic. For example, and I'm no chemist, a drug that has perhaps one molecule different than mdma but is clearly designed for the same illegal effect.

Thus, since this substance tested as meth, I don't think it will apply. It is not an analog, it is meth.

MDMA is basically the reason the analog laws were written.

The legislature outlawed MDA so people switched to MDMA and MDME because they were still legal. Then they tried to outlaw MDMA but the 28 letter name of the molecule was misspelled and so the courts refused to enforce it. Finally they outlawed MDMA with the correct spelling and also passed the analog law for good measure to preemptively put a halt to these "designer drugs" which were all slight modifications of MDA. They are all phenylethylamines with a 3,4 methylendioxy bridge.

I agree with your analysis of the analog law, but still say since the lab stated it was "meth" that it should be charged as meth. If anything else is alleged, the proof will fall short.

If the lab says meth, it is meth. There are other variations of x-type drugs. We often see 3,4 methelynedioxy amphetamine as well. Yes, I just like the name. I learned how to say the chemical name of X for a trial and stared down the judge when he had to read it to the jury. It was fun.

I was just saying that even if the defendant quibbles with the precise identification of the substance it doesnt really matter because he is still guilty.

quote:

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Originally posted by AlexLayman:
I was just saying that even if the defendant quibbles with the precise identification of the substance it doesnt really matter because he is still guilty.

---

I disagree, Alex. The State MUST prove the precise ID of the substance. Period. Or else the defendant is NG.

quote:

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Originally posted by AlexLayman:
I was just saying that even if the defendant quibbles with the precise identification of the substance it doesnt really matter because he is still guilty.

---

He's still guilty of A crime. He wouldn't necessarily be guilty of the crime we charged, so he'd still get the NG.

Burglary of an igloo.

That's cold, AP. Very chilly.

Well you guys are the ones flashing around the frozen floor plans.

I love this place. You never know what is going to happen to a thread!

Alex, thanks for the trip down memory lane. Way back before computers I was going to be a secondary school teacher, minor in chemistry and physics. I recognize the "igloo floorplan". (Thanks for the laugh AP.)

Thanks to everyone else for your inputs. I will track the lab report in the indictment. After all, same punishment. (Plus, I won't have to try to say 3, 4-Methylenedioxy Methamphetamine in front of a jury.)

Now, carry on. Please.

Most of your pills are a combination of all sorts of powdered drugs. caffeine and other substances are mixed in prior to the powder being pressed into a pill. As a result you get all kinds of stuff sold as 'Ecstasy'.

I'd charge it as the lab says, then go read www.streetdrugs.org and check out the rave section. I have a cool book rave drugs I bought from them about 4 or so years ago that is really worth looking through.

"Tablets sold as Ecstasy are not always pure MDMA. As demand for Ecstasy has increased, so has the appearance of Ecstasy "fakes" often containing other substances such as amphetamine, caffeine, codeine, DXM, ephedra/ephedrine, ketamine, MDA, methamphetamine, and PCP. When used alone, MDMA is dangerous. It is even more dangerous when used in combination with other substances, as the physical and psychological effects are difficult to determine or predict."