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Q: If someone gets arrested with liquid ketamine, in the bottle, straight from the vet, and the police classify it as the wrong drug... in this case, as a hallucinigen, instead of as an anesthetic, then can the drug charges be dismissed, because they are not correct? Also, if the state (CT) has not yet officially banned it, is the offense as bad?

A: Charges for possession of a scheduled substance do not require that the substance be categorized or classified in any way other than by what schedule it belongs to. Possession of a schedule III substance (ketamine) without a prescription is illegal whether the police call it a 'hallucinogen' or a 'anesthetic'.



If possession of the substance is not illegal in your state, charges would need to be brought at a federal level. If the state police arrest someone for a federal crime, I believe they need to turn the arrestee over to the federal system for the crime to be prosecuted. It is up to the state to determine whether or not they want to do this.



All of this only holds true if the substance was obtained illegally. As a schedule III substance, the penalties for possession of ketamine (unless it was huge amounts) are considerably lower than for most other recreational drugs. If it was obtained with a prescription or for legitimate use with the approval of a licenses individual, you should be able to get the charges dropped.



Hope this helps.



peace,

fire

Asked By : RaverAllstar
Answered By : fire
Published Date : 3 / 14 / 2000
Last Edited Date : 3 / 14 / 2000
Question ID : 138

Categories: [ Law ] [ Ketamine ]



Ask Erowid v1.7 - Jul, 2005

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