Analogue or Analog Drugs Explained By NY Designer Drug Lawyer

Analog or analogue drugs are drugs which are “substantially similar” to controlled substances listed in federal or state drug schedules. When drugs are chemically manufactured or synthetic, the drugs may be made with slightly different formulas. While the drugs may have substantially the same hallucinogenic or narcotic effects, slight alterations in drug formulas can make it difficult to regulate the synthetic narcotics. When a substance is added to the controlled substance list, the formula could be modified slightly to alter it so it would no longer be expressly prohibited by state or federal drug laws.

To combat this problem, there are laws in both NY and on the federal level which criminalize analogue substances. Defendants accused of creating designer drugs or manufacturing synthetic drugs need to understand the laws applicable to drug manufacture and should explore their options for raising defenses. A NY designer drug defense lawyer at Bukh Law Firm, PLLC can provide assistance in fighting charges so you can do everything possible to try to avoid conviction for a drug offense.

Designer Drugs and Analogue Drug Laws

Both federal and state laws aim to ensure that those who create designer drugs or who produce synthetic drugs are not able to evade criminal charges by using altered formulas. The Federal Analogue Act is codified in 21 U.S.C. Section 813 and states that: “A controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I.”

A controlled substance analogue is defined in 21 U.S. Code section 802. For a drug to be considered a controlled substance analogue and thus an unlawful controlled substance:

• The chemical structure of the designer drug must be substantially similar to the chemical structure of a Schedule I or Schedule II controlled substance.
• The chemical must have a stimulant, depressant, or hallucinogenic affect which is similar to the effect that a Schedule I or Schedule II controlled substance has or must be represented or intended to have such an effect.

Senate Bill S1640A in the 2015 to 2016 legislative session in the New York State Senate would include within NY’s schedule of controlled substance any substance that is designated as a controlled substance pursuant to the Federal Analogue Act. In other words, if the substance would be considered a controlled substance analogue under federal law, it would also be considered an unlawful controlled substance in New York State.

Penalties for Designer and Synthetic Drugs

The penalties for a designer or synthetic drug are determined based on the amount of the synthetic drug in the defendant’s possession, with the drug being treated as a Schedule I substance. The defendant could be charged with possession, manufacture, or possession with intent to distribute or sell, among other drug offenses.

A defendant could be prosecuted on the state or federal level for crimes involving designer drugs which are analogue drugs to substances on the controlled substance list. Mandatory minimum sentencing could apply when a defendant is charged with a federal crime.

Getting Legal Help With Accusations of Designer Drug Manufacturing

Being accused of manufacturing a designer drug can result in a complicated criminal case where your freedom hinges on expert testimony related to drug formulas. You need an experienced NY designer drug defense lawyer who has familiarity with analogue drug crimes and who can assist you in raising the strongest possible defense. You may argue that the substance is not actually a controlled substance, or may simply try to show the prosecutor has not proved beyond a reasonable doubt that you violated state or federal laws applicable to analogue drugs.

Bukh Law Firm, PLLC can provide legal assistance with defending yourself against accusations of manufacturing synthetic drugs similar to those on the controlled substance list. Give us a call today to learn more about how we can help.