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Is there a legal loophole for designer drugs?

On behalf of Rosales Law Firm | Mar 3, 2020 | Drug Crimes

Both the federal and Texas state governments consider a number of chemical substances and naturally occurring mind-altering compounds illegal. These range from marijuana and peyote to cocaine and methamphetamine. Some people attempt to get around the prohibition of certain drugs by using or selling products with a similar chemical composition or at least a similar physiological effect.

These substances are known as synthetic drugs or “designer drugs.” While some people think these substances fall in to loopholes in federal and state drug law, it is possible for criminal charges to result from the use, manufacture or sale of synthetic or designer drugs.

Anything intended to have the same effect as a prohibited drug is illegal

Concerns about the ability of chemists to create compounds that were very similar but chemically distinct from prohibited substances led to language in the Controlled Substances Act that specifically addresses analogue chemicals. This federal statute specifically makes any substance intended to replicate the effects of a banned drug illegal.

Both federal and state enforcement efforts have targeted synthetic drugs

While synthetic compounds used in products called Molly, herbal incense or bath salt products were not specifically illegal at the time that these products initially rose to popularity, efforts to prohibit them have spread in Texas and the country as a whole.

Many of the most popular active ingredients in these substances are considered controlled substances. Anyone caught in possession of synthetic drugs, as well as those who sell them or manufacture them, could find themselves facing significant drug charges under Texas and/or federal law. If you or a loved one is in this position, experienced legal guidance is essential.

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