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Prosecutions For The Possession, Sale, Or Manufacture Of A Drug Analog


Every state in the country and the federal government have laws that prohibit the possession, manufacture, and sale of controlled substances. The well-known substances that fall into the category of controlled substances include cocaine, heroin, methamphetamines, and in most cases, marijuana, although there are more substances that are considered controlled substances. Because it is possible to change the chemical composition of a drug in order avoid the definition of a controlled substance, the law similarly prohibits the possession, manufacture, and sale of what are known as controlled substance analogs.

A substance is defined as a controlled substance analog:

  • If the chemical composition of the drug is substantially similar to that of a controlled substance under Florida law; and,
  • If the substance has a stimulant, depressant, or hallucinogenic effect on the central nervous system or is supposed to have such an effect that is substantially similar to or greater than that of a controlled substance.

There are additional factors that can be taken into consideration when a determination has to be made as to whether a substance qualifies as a controlled substance analog. These factors include the scientific effect of the chemical effects of the drugs and any risk to public health from the drug.

Substances that are approved as drugs for new treatment do not count as drug analogs for purposes of criminal prosecution. Similarly, products that contain the same chemicals as a controlled substance but are produced and packaged for other uses are not classified as analogs. This is especially if they do not have the same potential for abuse as other analogs, and are not meant to be consumed by people or animals. These products often include other chemicals to discourage their use for stimulant, depressant, or hallucinogenic effects.

When someone is prosecuted for a charge that is related to a drug analog, he can receive the same punishments as he would have if the analog was its corresponding controlled substance. Therefore, a person may receive the same punishment for manufacturing a heroin analog as for manufacturing heroin.

A person can be prosecuted for drug charges related to an analog under Florida law and under federal law. If a case qualifies as a federal case, there may be slightly different elements to be proven, but generally speaking, a controlled substance that would qualify as an analog under federal law will qualify as an analog under state law. Federal determinations as to what constitutes an analog are given due consideration and great weight when it comes to making the same determinations under state law. However, there would be different sentencing guidelines in place if a conviction is for a federal charge as opposed to a state one.

Contact an Experienced Attorney

Depending on a person’s background and prior convictions, a new conviction for drug-related charges could mean a long prison term and hefty fines. If you are facing drug possession, manufacturing, or other drug charges in West Palm Beach, Florida, you need an experienced criminal defense attorney representing you. Contact Scott Berry Law for a free consultation today.


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