If you have been accused of possession or distribution of a designer performance enhancing drug (PED), or a performance enhancing drug analog, it is important that you consult an experienced Nebraska designer performance enhancing drug lawyer as soon as possible to evaluate your options. State and federal law make the possession and distribution of designer drugs illegal, including designer variants of PED’s. Therefore, it is important that you consult a proactive defense lawyer who has experience in both federal and state drug defense. Our team of experienced drug lawyers can help you understand your charges, explore your legal options, and fight for a positive outcome.
What Are Designer Performance Enhancing Drugs?
Most individuals are not surprised to find out that many PEDs are illegal, particularly when it comes to well-known drugs like anabolic steroids. Anabolic steroids are classified as Schedule III controlled substances under the Controlled Substances Act, so the possession, production, and/or distribution of these drugs is illegal without a valid prescription or license. Designer PED’s and analog drugs are slight variants of the original drugs designed to fall outside of the strict definitions written in the law. Modern technology has allowed individuals to create designer versions of drugs that have been modified enough that the chemical composition does not exactly match the descriptions covered by the schedules of controlled substances in the Controlled Substances Act. By doing this, analog drugs no longer fit into a schedule of controlled substances and therefore people assume these items to no longer be in violation of state and federal laws. However, this loophole was closed by the government with the passing of the Analog Provision to the Controlled Substances Act.
The Analog Provision to the Controlled Substances Act
In response to the growth in popularity of designer drugs, Congress included a provision in the Controlled Substances Act that states that any substance with a substantially similar chemical structure to a controlled substance is considered a drug analog of the controlled substance and is therefore illegal. The intent of the provision was to allow the government to bring criminal charges in cases of analog substances that are functionally the same as the core drug, such as designer steroids that have the same effects as anabolic steroids.
Berry Law’s team of Nebraska designer performance enhancing drugs lawyers are dedicated to ensuring that the constitutional rights of our clients are upheld. You have due process rights, and protections against unreasonable search and seizure. We hold the government to the strict standards set forth in the law by probing whether their initial actions were legal in discovering the substance, and by uncovering any flaws the government used in determining whether two different PEDs are substantially similar enough to warrant a criminal charge.
Defenses for Performance Enhancing Drug Analogs in Nebraska
In any case where an individual is facing a drug charge, the first step in creating a successful defense begins with an examination of the investigation and actions taken by the government. For a drug analog case to result in a criminal conviction, the government must establish that the chemical structure of the analog is substantially similar to the controlled substance and that either you knew that you were dealing with an unlawful drug or you knew that the substance with which you were dealing with qualifies as a drug analog. Our team of experienced defense attorneys works relentlessly to safeguard our clients’ rights, including your Fourth Amendment rights which protect citizens from unreasonable searches and seizures. Zealous police departments often overstep the boundaries of how they can perform searches, and this can make the results of their searches impermissible in court. If you have been the victim of an unlawful search by law enforcement, our team of dedicated designer PED attorneys will fight to keep any evidence illegally obtained out of court. There are additional defense considerations that a skilled federal criminal defense attorney can establish to help ensure you get a fair trial and a reasonable outcome.
Get Help from a Nebraska Designer Performance Enhancing Drug Attorney
If you have been charged with possession and/or distribution of a performance enhancing drug analog, you are facing serious criminal charges. Our team of Nebraska designer performance enhancing drug attorneys will hold the government accountable and require them to meet the many burdens of proving their case. We understand what is at stake and we understand what the government must prove in court.
Protect your rights. Protect your future. If you or somebody you know has been charged with violating the analog provisions to the Controlled Substance Act. contact our team of designer performance enhancing drug attorneys today to discuss your defense.