Shampoo or illegal substance?

Discussion in 'Politics, Religion, Social Issues' started by 63dot, Dec 9, 2008.

  1. 63dot macrumors 603

    63dot

    Joined:
    Jun 12, 2006
    Location:
    norcal
    #1
    In Northern California, this couple has a business making a shampoo product from their home or similar beauty product. The lady is a chemist who learned that if you mix the existing chemicals in a different order, change the temperatures that the chemicals are mixed at, and do a few other things, an illegal drug can be made. The man has a reputation for selling the stuff but is never dumb enough to be caught with it on him. He uses his employees, illegal aliens, to do that part.

    The state law does not ban the making of such a substance, which I won't mention here, but it's recently illegal as far as drugs go. It becomes a crime when that drug is 1) manufactured, 2) packaged, 3) moved from premises of manufacture, and most importantly, 4) sold.

    So this is a case we studied in law school, and a real case for the most part, names and location possibly changed but having a cast of characters likely to be found in every town over 10,000 people, but how would a prosecutor go after the couple?

    The woman got disgusted with her man's idea of making money, having no bank account, and walking around with 100s in his pocket as he "supposedly" made money somehow with the product made in their home. She left and went to medical school. He stayed behind and continues to get richer by the day.

    NOTE: perhaps the worst part of this case is I know a person/victim involved, but that is neither here nor there
     
  2. iVeBeenDrinkin' macrumors 65816

    iVeBeenDrinkin'

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  3. 63dot thread starter macrumors 603

    63dot

    Joined:
    Jun 12, 2006
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    norcal
    #3
    In both the real case and the hypothetical law school question case, which is in this case the same case ironically, there is scant evidence outside of the legal manufacturing of said product. No evidence of illegal packaging, transporting, or selling.

    The illegal drug, strange at it may seem, is also a component of legal prescribed medications not even on the controlled substance list of the FDA. It's when you make it a business selling it when one crosses the line.

    I could brew my own beer at home (Federal law Jimmy Carter pushed for and passed), but the minute I sell it publicly w/o license, and/or sell it to a minor, and/or not pay taxes, then I commit a slew of crimes. Same type of scenario in my state.

    I had a friend make kit home brews he bought from Red Barn Corporation, and he gave away his brew to over age 21 friends. That is OK.
     
  4. thejadedmonkey macrumors 604

    thejadedmonkey

    Joined:
    May 28, 2005
    Location:
    Pa
    #4
    The local wal*mart currently sells weapons that can be used to murder people, to anyone, of any age. I won't mention this weapon, but because it has legit uses as well *cough knife cough*, how can the cops go after anyone who owns this weapon?

    Same theory, you catch them in the act. There's nothing wrong with owning all those chemicals, just like there's nothing wrong with owning a knife or a baseball bat. It's all in how you use it.
     
  5. 63dot thread starter macrumors 603

    63dot

    Joined:
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    norcal
    #5
    Very true.

    The damage of that knife, no doubt, has probably caused a lot of pain in your community. I used to sell guns at Big 5 for Christmas Season and that bothered me so they moved me into the shoe department. :)

    The damage of this chemical, though not cocaine, heroin, or crack, has still caused a similar amount of trouble in some ways, but since it's so cheap there are very few instances of people mugging someone to get the money to buy the drug. Mostly, dealers kill each other over turf. And probably use that same freakin' knife you see at Wal-Mart.

    This substance is the scourge of the Hispanic community where I live and it's sad to see the damage caused from what was, until recently, a legal substance sold in stores for other purposes. It probably ranks second only to scads of liquor stores in the neighborhood ending up in the hands of two specific "youth" gangs.
     
  6. 63dot thread starter macrumors 603

    63dot

    Joined:
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    norcal
    #6
    I just got out of my torts exam, 28 pages of answers in blue book, and part of the third question dealt with the liability from "chemicals" as it related to this above case, with the names and locations changed somewhat.

    Thank God, it helped me write a killer answer for the midterm. As to the other two torts/negligence/damages/hazardous chemicals law school questions, who knows how I did? :)

    Anyway, thanks for helping me study for this exam.
     
  7. Thanatoast macrumors 6502a

    Thanatoast

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    Dec 3, 2002
    Location:
    Denver
    #7
    Yeah, try telling that to the nice men in black riot gear who break down your door at 2AM one fine morning... All's fair in the War on [pick your subject].
     
  8. 63dot thread starter macrumors 603

    63dot

    Joined:
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    norcal
    #8
    Personally, the men in black gear should break in to all homes of batters with high home run stats, break into their baseball bat stash, and looked for corked bats. :)
     
  9. Counterfit macrumors G3

    Counterfit

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