Fentanyl is an illegal drug. There is an Analog Acct that makes it so that close analogs to fentanyl are illegal. That was done because people were making analogs and getting away with it.

Drug dealers then went to their lawyers and asked if certain formulations fell under the Analog Act. Their lawyer said no and wrote out how they were legal and didn't fall under the analog act. They sold the drugs and went to prison even though they thought they were in the clear (so good faith should apply, right?).

This is a real case that I have experience with so not sure why I'm being called out as acting in bad faith or making up a ridiculous scenario. This is a real scenario with the people sitting in prison still (for another 5 years).

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lucb1e 8 months ago | parent | next [-]

Right, I see. There's still the difference of having official permission according to the legal system, such as the search warrant being a mechanism codified in law, or the mechanism to get a license as an apothecary to operate a pharmacy

If there is no such license you can apply for, I'm not sure there exists a system by which you can be indemnified from criminal prosecution for doing such sales (or possession or whatever the case may be)

The question reminded me of a 2019 case where two parties went to the judge to get a ruling on something, without there being damages or claims. (Here, a potential buyer and seller could ask to decide whether a certain substance would be legal to sell before the sale happens, steering clear of prosecution until there is a ruling.) Reading that case back, the legal provision that made this possible only applies to situations where the parties are free to do whatever (such as with a contract dispute); it does not work for creating jurisprudence on criminal law. Asking ChatGPT as a quick last attempt, it proposes to ask a lawyer (you've shared how well that worked) or to sue the government over the law that makes the sale illegal which would be void if the judge goes "this substance doesn't fall under that law anyway" and then you've got jurisprudence to work with. The latter sounds a bit strange, not sure if that's actually possible, but it'd be worth exploring for such edge cases where it may or may not be criminal to do a certain thing

Of course, I totally see how this is a double standard: you've done your homework and to the best of everyone's knowledge it's legal, and then when it turns out you're wrong, whether you get sent to prison depends on whether it was the government who sanctioned it. Everyone can make an honest mistake, government or no

I don't know the intentions of the drugs dealers you have experience with. If there are legit purposes for the specific analog they were selling (that is, purposes falling outside of the spirit of the law that makes fentanyl (analogs) illegal) then it seems strange that a judge would send them to prison for years. Was a long prison sentence perhaps compulsory due to some minimum sentence requirement as part of this war on drugs thing? Wondering this since our government is implementing more and more minimum punishments despite research showing this does not deter the behavior and also increases recidivism due to the longer time you spend outside society, losing any position that you had in it. It's great

	▲	_DeadFred_ 8 months ago \| parent [-]
		In the United States you can sell non-controlled supplements. For example you used to be able to buy MDMA (street name ecstasy/molly) over the counter at health food stores in the 1980s before the government classified it. In my area there are all kinds of strange stimulants sold in gas stations, and something called kratom people seem to get mildly hooked on. The drug dealers were ex-marines that received debilitating injuries fighting in Afghanistan, became addicted to pain pills when they came home, and because of their injuries were unable to work. So they were selling drugs. Then the analog act came around, which made a large amount of closely related drugs illegal. They were drug dealers, and should be in prison. Someone died from these weird compounds they were bringing in from China to try and skirt the Analog Act. But these guys in their head justified it because they were using the same compounds, and they felt they needed to subdue their pain. But these guys also didn't hide it. They had a lawyer that they ran things by. They bought cars from dealerships with their money, not trying to hide it in any way. I don't think 'good faith' should apply to them. But also don't think 'good faith' should supersede the United States Constitution. If it applies to the prosecution side, it should apply to the defense. A judge shouldn't be able to waive away our Constitution just because it's inconvenient in a prosecution. In the US, even if something is determined unconstitutional and that determination means people should be released from prison, every single person impacted has to go to court and prove it applies to them. We should release people imprisoned unConstitutionally, but we don't, because again it's inconvenient to the legal system. There is even a time limit on those people to go to court, and if they don't in time (say because they don't know, because they aren't notified) then they are bared from bringing it up in a motion to the court. Drugs are a hard one. I blew up my life over addiction. Many around me were to. Some were using drugs, some alcohol, some gambling, some risky sex. One interesting feature of American society is we used to give people a second chance. For old guys like me, many of the characters in westerns were criminals turned better as law men one town over. These guys would have been completely different if they were receiving adequate pain care and some sort of job opportunities when they came back from war. I think society needs that. But it also can't enable bad behavior. Interesting/complex times. Sorry for my wall of text.

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heavyset_go 8 months ago | parent | prev [-]

Just curious, what case are you referencing?

	▲	_DeadFred_ 8 months ago \| parent [-]
		I believe one of the parties last names is some form of Sullivan. Don't know the specific case to look up in Lexus.