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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.

The Legality of MDMA in California

Buying MDMA pills Cali

At first glance, the items listed for sale on Craigslist seemed benign: Blue socks. A fancy china set. A collectible action figure. But there was odd lingo slipped into the otherwise mundane posts. The phrasing was one giveaway they were advertising illicit fentanyl, according to several drug market experts who reviewed dozens of suspicious posts identified by The Times. The open sale of drugs has been a long-standing problem on Craigslist. Over the last decade, a handful of people have overdosed and died after buying fentanyl through the site, yet until recent months The Times found ads for them remained commonplace, especially in Southern California. Craigslist and its lawyers did not respond to multiple requests for comment. After reporters began asking questions, the search function stopped offering many of those suspicious keywords, and the number of posts in the L. Several other sites and apps almost eliminated drug postings years ago after scrutiny by law enforcement, yet drug dealers on Craigslist seemingly remained active, using a colorful assortment of code words to operate in plain sight. Law enforcement officials say the convenience has enabled people to buy drugs more easily than in years past. All it takes is a phone or computer, and a few seconds to type some terms into a search bar. A rare condition called hallucinogen persisting perception disorder has puzzled researchers and raised alarms as psychedelics go mainstream. April 30, As a result, the academic and law enforcement experts said, dealers tend to get creative with coded language to evade detection. Fentanyl — sometimes known as fetty or fet — has its own colorful array of code words: Confetti-flavored frosting, fettuccine or fetty, like the rapper Fetty Wap, according to the experts. When three drug and law enforcement experts reviewed a series of recent Craigslist listings containing those and other keywords, they confirmed the posts were almost certainly covert drug ads. One L. Other sellers warned of similar security screenings for seemingly ordinary items. Three people who posted suspicious ads on Craigslist this year confirmed in online messages that their thinly veiled listings for other goods were in fact offers for fentanyl. He said he considered it a reliable way to build his customer base without selling on a street corner. He used to post Fetty Wap concert ticket listings, for example, but had to shift to other phrases. Another dealer who operates out of the San Fernando Valley and also requested anonymity, citing fear of police, said he had similar experiences on Craigslist. Getting high together, he said, also allows him to look for new users who might be more prone to overdose. Henry Zurkow was an honors student at the University of Colorado in Boulder, a mecca for two of his passions, mountaineering and snowboarding. A native of Scarsdale, N. The elder Zurkow described his son as resilient and driven. But he said Henry had repeatedly battled sports injuries and was eventually prescribed painkillers. But on the night of July 16, , the year-old had been having trouble sleeping and was in pain from an old snowboarding injury, according to his mother, Erica. The following morning, he found his son dead in his bedroom, folded over his desk with his head on his computer keyboard. According to the medical examiner, the cause of death was fentanyl intoxication — an overdose. Now, Peter Zurkow thinks Craigslist should be doing more to keep dealers from using the platform as a digital billboard. Erica Zurkow agreed. Today, the Zurkows try to temper their sorrow by doing what they can to help others avoid a similar fate. Medical and law enforcement officials say the wealthy are financing the ketamine black market while more prescriptions and specialized clinics are emerging. Posts on Craigslist indicate some users are aware of drug slang being actively blocked on the site — while others are confused when their innocuous posts get inadvertently flagged as suspicious. Short legs. You used it multiple times in your ad, I bet that killed it. Craigslist has been around nearly as long as the public internet. Launched in as a small email list of local events in the Bay Area, there were concerns about illicit activity almost from the beginning. Much of that revenue comes from fees charged to post certain types of ads. Whatever the reason, despite occasional busts and efforts by prosecutors to crack down, drug dealers still use the platform. In a study published in , an international team of university researchers who surveyed more than 1, Americans who bought drugs online found Craigslist was the third-most popular site, after Instagram and Facebook. Pushing site operators to crack down has been more effective, he said. Connor Sheets is an investigative and enterprise reporter at the Los Angeles Times. Before joining the Los Angeles Times in , she spent nearly seven years in Texas, first covering criminal justice for the Houston Chronicle and then covering prisons for the Marshall Project. De Los. Times Everywhere. For Subscribers. All Sections. About Us. B2B Publishing. Hot Property. Times Events. Times Store. Special Supplements. By Connor Sheets and Keri Blakinger. Share via Close extra sharing options. California For Subscribers. Henry Zurkow, an honors student in college who had climbed the 46 peaks of the Adirondacks, died in July of a fentanyl overdose, according to his father, Peter Zurkow. California The ketamine boom: How the wealthy are getting their hands on the in-demand drug. California L. County deputy arrested for allegedly smuggling heroin into jail, sources say. More to Read. Chinese chemical manufacturer is targeted by federal prosecutors trying to stop flow of fentanyl. Old newspaper boxes are being used to distribute the overdose reversal drug naxolone. An industrial chemical is showing up in fentanyl in the U. Connor Sheets. Keri Blakinger. More From the Los Angeles Times. California A dark-web drug dealer at 20, he bought luxury cars and gold-plated guns. Then he got caught. California Police cash flows to Hochman in D. Most Read in California. On the double! California Your guide to the California election.

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Boba Fett, blue fish, and fettuccine: How L.A. fentanyl sales boomed on Craigslist

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