Anodyne Posted August 11, 2012 This item also inserts two quantities for Ketamine: a marketable quantity of 3.0 grams, and a commercial quantity of 1.0 kilograms. These quantities are pure quantities. This is relevant where a prosecution relates to a quantity of Ketamine contained in a mixture of other substances. In such a case, the prosecution will need to prove that the mixture contained the relevant threshold quantity of pure Ketamine. A bit OT, but I've never seen a drug law phrased this way before - i.e where the prosection needs to prove the purity to justify their claim of traffickable/commercial weight. Is this only for ketamine, or does a similar thing apply to other drugs? I had always thought that cut/impure drugs were treated as pure weight - the reasoning being that if they were being represented as 1 gram of drug X, then that's what is charged, even if it's only 500g of drug X plus 500g of epsom salts. 1 Share this post Link to post Share on other sites
Torsten Posted August 11, 2012 i suspect this is only for ketamine and probably relates to the fact that it is usually encountered as dilute liquids 1 Share this post Link to post Share on other sites
OPP Posted August 12, 2012 (edited) I had always thought that cut/impure drugs were treated as pure weight - the reasoning being that if they were being represented as 1 gram of drug X, then that's what is charged, even if it's only 500g of drug X plus 500g of epsom salts. I was discussing something similar with a friend recently. He told me he knows someone who was caught with a number of pills. He was later released without charge as they tested up as containing no illegal substances. I was pretty sure that if you passed something off as a drug then you could get charged for the drug you were intended it to be. But because this person was not trying to sell them and not passing them off as anything he couldn't be charged. First time I've heard anything like it. Edited August 12, 2012 by OPP Share this post Link to post Share on other sites
Anodyne Posted August 12, 2012 i suspect this is only for ketamine and probably relates to the fact that it is usually encountered as dilute liquids That's probably it - but I can't see any reason why it couldn't be applied to mixed powders as well, phrased in that way. Whereas usually (as I understand it, anyway) the responsibility/cost of quantitative testing would be on the defendant. [Correction: I meant 500milligrams in the last post, not 500grams] Share this post Link to post Share on other sites
Bread Filter Posted August 12, 2012 I was discussing something similar with a friend recently. He told me he knows someone who was caught with a number of pills. He was later released without charge as they tested up as containing no illegal substances. I was pretty sure that if you passed something off as a drug then you could get charged for the drug you were intended it to be. But because this person was not trying to sell them and not passing them off as anything he couldn't be charged. First time I've heard anything like it. There was a guy in Darwin a few years ago that bought a tube full of M&M's that he thought were E. He got busted for E. Share this post Link to post Share on other sites