Buying Ecstasy Santa Clara

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Buying Ecstasy Santa Clara

We fight for justice and human rights, and advocate passionately for our clients every step of the way. Expanded Access is a program that allows the use of an investigational drug under a Treatment Protocol for people facing a serious or life-threatening condition for whom currently available treatments have not worked, and who are unable to participate in Phase 3 Clinical Trials. While promising medical research continues, the market for illegal MDMA remains significant. The MDMA trafficking trends at the national level are described in more detail below. Is there a viable medical defense? What about a religious defense? People v. Davi s 57 Cal. An analog is defined as a substance that 1 has a substantially similar chemical structure as a controlled substance, or 2 has, is represented as having, or is intended to have, a substantially similar or greater stimulant, depressant, or hallucinogenic effect on the central nervous system as a controlled substance. In sum, the Supreme Court reversed the convictions for insufficient evidence. For example, an analog of methamphetamine is treated the same as methamphetamine, an analog of amphetamine is treated the same as amphetamine, and an analog of MDA is treated the same as MDA. Pursuant to Proposition 36, anyone charged with personal use, possession for personal use, or transportation for personal use of such controlled substance amphetamine, methamphetamine, MDA, or their analogs , may qualify for drug treatment instead of jail. Courts must impose, as a condition of probation, completion of a drug treatment program not to exceed 12 months, with optional aftercare of up to six months. The scope of Proposition 36 is narrow and does not apply to sales-related offenses. The crime is classified as a non-reducible felony subject to sentencing pursuant to Penal Code Section h , which generally means up to three years in the county jail. Moreover, Health and Safety Code Section forbids numerous activities as felonies which are generally punishable by up to four years in the county jail. The case law interpreting Health and Safety Code Section is draconian. For example, in People v. Patterson 72 Cal. Let us consider the following thought experiment. The vehicle is pulled over for speeding on near Page Mill. The driver is nervous, and the officer starts asking lots of questions. The person is arrested; the MDMA is seized and sent to the crime lab for analysis. Because the City and County of San Francisco is not contiguous with the County of Santa Clara one has to travel through either San Mateo County or Alameda County , such transportation for sale would constitute a non-reducible felony punishable by three, six, or nine years in the county jail, depending on the circumstances. It makes no difference that the person intended to sell the MDMA at cost; the law does not require that the seller intend to make a profit, only that the seller intend to make a sale. Could there be a viable medical defense outside of clinical treatment by medical professionals? Possibly, if one can establish medical necessity by showing that the person has no adequate alternatives to the charged conduct. Realistically, depending on the circumstances, it would be an uphill battle given that criminal courts tend to be skeptical of the medical necessity defense. Trippett 56 Cal. On the other hand, one can imagine a situation where a Court would allow a medical necessity defense for a veteran who is self-medicating with MDMA for PTSD after exhausting all other treatment options, as long as the circumstances show that the MDMA is intended solely for personal medical use. As one can also read in the Trippett decision, criminal courts tend to be skeptical of the religious defense and treat such claims dismissively. Absent express statutory protections, a religious defense based on the First Amendment is not viable given United States Supreme Court precedent such as Employment Division v. Smith , which held that the First Amendment does not require states to accommodate illegal acts performed in pursuit of religious beliefs, and City of Boerne v. A different approach would be to rely on the Free Exercise Clause of the California Constitution, which provides, in pertinent part:. Free exercise and enjoyment of religion without discrimination of preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace and safety of the State. The Legislature shall make no law respecting an establishment of religion. As the Background Paper notes, there is considerable ambiguity about the level of judicial scrutiny afforded by the Free Exercise Clause of the California Constitution. The California Supreme Court has declined to decide the question of whether the compelling interest test applies when the Free Exercise Clause of the California Constitution is invoked, leaving open for a future day the question of the scope of state constitutional protections for the religious use of MDMA. The time has come to update the legal landscape pertaining to MDMA in California, and we look forward to future legislation that not only respects the mental autonomy of individuals but also advances cognitive liberty. This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding psychedelics law in California, please contact the Law Offices of Omar Figueroa at or info omarfigueroa. Omar Figueroa and Lauren Mendelsohn are licensed in California. Andrew Kingsdale is licensed in California and New York. The information on this page is provided as a public service and is not intended, nor should be construed, as legal advice. Prior results do not guarantee a similar outcome. Subscribe to our newsletter. Newsletter Subscription First Name Email address:. Website by www. Open toolbar Accessibility Tools.

When it comes to drugs, is San Jose the next San Francisco?

Buying Ecstasy Santa Clara

So imagine what a Narcan vending machine on campus could do to bolster that kind of awareness among students, and help keep the Santa Clara community safe. Overdoses from fentanyl—a synthetic opioid 50 times more potent than heroin—took 5, California lives in , many of them teens and young adults unaware of the prevalence of fentanyl-contaminated drugs. The tragedies helped drive a new law , effective Jan. In partnership with the county, Chang launched the first Narcan distribution event on campus in , and followed up with the vending machine proposal. This machine is one among many tools we can use to do our part. Yet she worries about an overlooked mental health component at play. Experts say many U. Both medications have a high risk for abuse and addiction. But if prescriptions lag or delays surface—as with the on-going Adderall shortage —students may turn to dealers on the street, or through social media apps, for substitutes they don't realize could be laced with, or entirely made of, fentanyl. It makes you think: Why is it there? University officials will say it again: to help save lives. In fact, federal data shows nearly half of overdose deaths in could have been prevented through different interventions, including bystanders getting involved. Chang says installing the vending machine inside Benson Center, open daily from 7 a. Campus ID isn't required to get a kit, and there's no restriction on the number of kits per person. Each package comes with two doses of naloxone in a prepackaged nasal spray; one dose is often sufficient to treat an overdose. Chang cautions that education about Narcan is extremely important. For example, the spray cannot be self-administered. Narcan kits include instructions on how to recognize a person suffering an overdose, how a bystander should administer the nasal spray, and that in all cases, the bystander or others should immediately call As a medical sociologist, Chang has long studied substance abuse and treatment among different populations. Without education, she realizes how vulnerable they can be, particularly when it comes to opioids, since they may assume it comes from safe sources. An informal survey of dozens of SCU first-years by her students a few years ago revealed that 40 percent of those interviewed said they had already been prescribed opioids at some point in their lives. The Santa Clara senior had undergone back surgery in , and in had a recurrence of back pain. He bought what he believed to be Percocet from someone on Snapchat in May , ingested it, and died from fentanyl poisoning. His parents Ed and Mary Ternan have since established Song For Charlie , a family-run nonprofit charity dedicated to raising awareness about fake drugs made or laced with fentanyl. Their heart-wrenching interviews on CNN , local news stations and podcasts offer warnings they hope will prevent similar tragedies. To help battle the U. May 9, Community care: A Narcan vending machine is now located in the lower level of Benson Memorial Center. The machine, which contains free Narcan kits, is believed to be the first installed at a college or university campus in Santa Clara County. Photos by Josie Lepe. A powerful message As a medical sociologist, Chang has long studied substance abuse and treatment among different populations.

Buying Ecstasy Santa Clara