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Man charged with meth possession - possibly 2-fma

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4/5,
  1. ramskip
    PEKIN — Prosecutors on Tuesday charged a Marquette Heights man whose backpack contained an assortment of drugs with possessing methamphetamine for sale.

    A potential problem with that charge is the white powder found bagged and ready for street sale may not be meth. Travis Wood, 28, told police it wasn't when he was arrested Sunday.

    Rather, he said, it was 2-FMA, the chemical jargon for what a top official in the state Attorney General's Office called one of the latest designer, or synthetic, drugs to hit local streets.

    Like meth, 2-FMA is a stimulant that provides both euphoric and jaw-clenching effects. How addictive it might be remains a question for further analysis.

    "This looks like a new version" of meth similar to so-called bath salts, Cara Smith, deputy chief of staff for Attorney General Lisa Madigan, said Tuesday. Bath salts is one of several terms given to the wave of products that, until a new state law and a companion city ordinance were passed early this year, were openly available for sale in Pekin.

    But the legal status of 2-FMA, along with its manufacturing and sales sources, remains a question mark as makers of synthetic drugs continue devising new forms of alternate meth, cocaine and marijuana.

    "Proving it is illegal is the problem," said Smith, who helped lead a seminar on synthetic drugs for area police in Pekin last winter.

    "This is a perfect example of the quicksand we find ourselves in when trying to suppress synthetic chemicals."

    Area law enforcers now have another product, apparently available for sale through the Internet, to deal with as drugs that mimic marijuana, meth and cocaine mix with those originals on the streets.

    "With the synthetic marijuana that blindsided us, now what do we have to worry about?" asked Pekin police Public Information Officer Don Jolly.

    In Wood's case, a field kit police used produced a positive result for old-fashioned meth on the powder he called 2-FMA, Jolly said. That enabled him to be charged in court with possessing that drug with intent to deliver. Further tests at the Illinois State Police Crime Lab in Morton should determine the powder's true nature.

    Wood, meanwhile, has not yet been formally charged with possessing what police said were small bags of marijuana and hashish they also found when he was arrested after the car he was riding in was stopped for a loud exhaust system Sunday night. Police also confiscated $729 in cash and five alleged drug pipes.

    He was ordered held on $15,000 bond pending an Aug. 23 preliminary hearing.

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Comments

  1. Basoodler
    Was he selling it as meth?

    Why wasn't he charged for the actual illegal drugs? Those didn't need to be tested.. why pursue the case with sketchy legality that they probably won't win?

    That's weird
  2. DOG-CHOPPER
    Police should stick to enforcing the law instead they seem to want to try to make their own set of rules.

    The police need to realize they are nothing but small porns and are employed by the community to enforce the law not to make it up as they please.
  3. Magilla
    One question: What state is Pekin in?

    Chances are he may have been selling it as "meth" as the properties are very similar, or at the very least is being charged as if he was, due to the assumed baggies/paraphernalia found in his backpack and its positive for methamphetamine test results. If this is the case then he will be found guilty nine times out of ten even if the substance wasn't even remotely methamphetamine, it being 2-fluoromethamphetamine certainly doesn't help matters much. Even if he gets a very good lawyer who argues that the substance in question is not meth but instead 2-Fluoromethamphetamine, he can still be charged under whatever state laws they have in place and/or the analog acts. I am not sure if analog acts are strictly on a federal level or not but I am sure this guy is going to have a hell of a time explaining to a judge what he was doing with a large amount of 2-fma, pipes, bags, etc. in his backpack AND oh boy, not *real* marijuana! (at least it wasn't "spice")

    At any rate wish him the best of luck and will be interested to see how this case plays out!
  4. whowanna
    Did anyone follow this out or know which charges stuck? wondering for a buddy of mine in a similar situation.
  5. EducatedUser408
    SWIM wouldn't be worried about the meth, pot, or hash....SWIM would be concerned about the SCALE!! Better hope it was wiped down and squeaky clean of ANY residue
  6. Alexander Supertramp
    The guy said it wasn't meth but said it was 2-fma. If it tested positive for methamphetamine, he is screwed. If it doesn't test positive and there is no current law stating that 2-fma or its precursors are an illegal substance, then they have made a false arrest. I don't know exactly what 2-fma is, so I'm not sure of its legal status.
  7. sackynut
    ^Its not a false arrest. He had a white powder in a bag (not to mention possible sales paraphernalia), and when they field tested it, it showed positive for meth. Assuming the cops were truthful, under current laws they TOTALLY could and did arrest him. Now if you want to change the field test so its more accurate, I suggest you research and develop a whole new amphetamine molecular detection system and lobby it to congress or your state legislature.

    As far as conviction, they would have to prove he was A) selling it and/or B) going to ingest, or use the chemical in some way with his body.
  8. Alexander Supertramp
    I didn't say it was a false arrest, I saif "IF" the results come back negative for Meth and there are no laws regarding 2fma, then charges will be dropped. I didn't see the part about marijuana and paraphernalia.

    Also, a field test for meth can also be used to test ecstasy. So does that mean somebody could be charged with meth possession even if its ecstasy ? Field test kits are not accurate enough for a conviction, which is why narcotics are sent to t
    Labs. If you think they are that reliable, I suggest you do some research.
  9. don-20xx
    Yes. It happens all the time depending where you are in the US. Guy I know had his name in the paper and arrested for selling meth when it was only a couple of mediocre quality tabs. In this area, the punishment is the same by weight (including cutting and binding agents) so the prosecution went along with whatever tripped the field test. He was arraigned long before any lab could have analyzed it so he would have had to go trial just to prove it was a different illegal substance with the exact same sentencing guidelines.
  10. Alexander Supertramp
    Based off of where I live and surrounding states, if you are charged with possession of meth, it better be meth. If it is lab tested and turns out to be something else, the prosecutor can change the charges and continue. Thats only if both drugs are in the same class. If a charge goes all the way to a jury, then its discovered the drugs aren't what is being charged, then it woukd be a mis trial and have to start all over.
  11. sackynut
    Youre right, if they take him to court under meth, and its proven that its not meth, it may be dismissed. However the DA will probably get a hold of the blood test results and chemical analysis before they formally decide what to do. When they discover its 2-fma, theyll merely charge him with controlled substance analog, because the federal analog laws specifically say RCs become illegal when you intend to, or do ingest them into your body, which is the case here. Not to mention the sales.

    Its possible the DA doesnt care and gets caught up trying to pin him with meth, depends on how much of a fuck they give towards throwing this guy in jail.
  12. godztear
    Many people forget that you can be charged for selling "look alike" substances if you are presenting it as a controlled substance.

    Here is an snippet directly from a defence attorney's website:

    So even if the charge of selling a controlled substance is over-turned due to the drug not actually being meth, there are other charges looming overhead.
  13. don-20xx
    If the police show you indisputable footage of yourself selling to an informant during your interrogation and you don't have tens of thousands of dollars for some high powered lawyer, you aren't going to trial. You are going to plead guilty at your arraignment and beg for mercy (assuming you don't narc). As I said, in my state MA and MDMA carry the exact same sentence by weight and even the same formal charge.

    Whether or not your state differentiates the two might not matter either. Your bag of white unpressed "molly" will trigger a field test for meth and unless you admit on the spot that it's actually E (basically a confession), there's a good chance you will be arrested for possession of meth and that's what will be next to your name in the paper.
  14. don-20xx
    If the police show you indisputable footage of yourself selling to an informant during your interrogation and you don't have tens of thousands of dollars for some high powered lawyer, you aren't going to trial. You are going to plead guilty at your arraignment and beg for mercy (assuming you don't narc). As I said, in my state MA and MDMA carry the exact same sentence by weight and even the same formal charge.

    Whether or not your state differentiates between the two might not matter either. Your bag of white unpressed "molly" will trigger a field test for meth and unless you admit on the spot that it's actually E (basically a confession), there's a good chance you will be arrested for possession of meth and that's what will be next to your name in the paper. Either way you are facing a felony and either drug court or jail.

    Also true. My dumbass relative who didn't even know where to find cocaine sold an OZ of baking soda to some other dumbass who didn't know where to find cocaine either. Turns out one of those dumbasses was an informant. Charges stuck.
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