Over the past few years there has been a large increase in the number of drugs that are on the market as chemists have experimented with making compounds that are just on the right side of legal. Over time these compounds are reviewed and may or may not be declared illegal.
If you find yourself charged with drug offences for a synthetic drug that you feel is legal, here are the steps to take.
Contact an experienced solicitor
As this is a very specific part of the law which is being regularly revised, it's important to find a lawyer that is experienced in the current legislation and can confidently negotiate the specific chemical differences between similar compounds. That way they can help you to prove whether the compound that you have been charged with holding is a legal one, and they can double check that all of the testing processes that the prosecution uses are legitimate.
Get the compounds independently tested
As many of these drugs have not been tested for in the past, it's important that the laboratory technician that is testing your substances is confident in the correct technique. It is a good idea to get the substances tested independently as well as at the government facility so that you can be confident in the accuracy of the results.
Gather evidence of how you bought the products
In some states there is a blanket ban on products that may have a psychoactive effect. Obviously this is open to interpretation so it's important to gather any evidence you may have on whether you could have reasonably expected the substance to have psychoactive effect or if you have accidentally bought a product that you could have reasonably thought was legal. This information could come from packaging, the website copy or any other information from the seller. If you have any receipts that show the date of purchase, this can also be useful as you may be able to demonstrate that the product you purchase was still legal at the date you purchased it, even if it was later made illegal.
Being charged with possession of a newer generation of drugs is a technical and complex matter. Getting the advice of an experienced lawyer in the field can help to increase your chances of being found innocent and help provide mitigating factors to minimise the consequences if you are found guilt.Share