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  1. #1
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    Default Are All Pain Killers Considered to be Narcotics

    My question involves criminal law for the state of: NY

    Is sale of prescription strength pain killers without prescription classified as "narcotics conspiracy"? Does "narcotics" include both heroin for example and prescription drugs or they are classified separately?

  2. #2
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    Default Re: Are Pain Killers Considered "Narcotics"

    How is the term being used? What specific statute has been charged?

    The term "narcotics" is often used interchangeably with "drugs." Try not to get too hung up on the word.

  3. #3
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    Default Re: Are Pain Killers Considered "Narcotics"

    If we're talking about a statute falling under the New York Penal Law, and the definitions set forth at Sec. 220.00, then "'Narcotic drug' means any controlled substance listed in schedule I(b), I(c), II(b) or II(c) [of section thirty-three hundred six of the public health law] other than methadone." - Sec. 3306 can be found here.

  4. #4
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    Default Re: Are Pain Killers Considered "Narcotics"

    Quote Quoting cdwjava
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    How is the term being used? What specific statute has been charged?

    The term "narcotics" is often used interchangeably with "drugs." Try not to get too hung up on the word.


    Subchapter I of the chapter 13 of Title 21, united states code, in violation of U.S.C. & 841(h) (1) (A)-(B)

    The drug is Butalbital.
    21 U.S.C. & 841 (b) (1) (E)

    It is in regards to extradition of a relative of mine and I am trying to see if she can fight her extradition based on "dual criminality".

  5. #5
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    Default Re: Are Pain Killers Considered "Narcotics"

    If her actions related to the substance are unlawful here, I suppose, then, you find out if that drug and associated actions are illegal in the other country involved.

    Though, I imagine her attorney would have this covered.

    From what country are the feds seeking extradition? Or, what country is seeking her extradition?

  6. #6
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    Default Re: Are Pain Killers Considered "Narcotics"

    The posting history has additional details.

  7. #7
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    Default Re: Are Pain Killers Considered "Narcotics"

    Please keep your questions confines to one thread. Answer shopping only confuses the issue.

  8. #8
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    Default Re: Are Pain Killers Considered "Narcotics"

    Quote Quoting cdwjava
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    If her actions related to the substance are unlawful here, I suppose, then, you find out if that drug and associated actions are illegal in the other country involved.

    Though, I imagine her attorney would have this covered.

    From what country are the feds seeking extradition? Or, what country is seeking her extradition?
    Internet sales of similar medications that contain the chemical are supposedly legal in her country. The US prosecutor is requesting her extradition from Bulgaria. This is the other link with some additional info that I started, if anyone is interested:

    http://www.expertlaw.com/forums/show...ht=#post709269

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
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    If we're talking about a statute falling under the New York Penal Law, and the definitions set forth at Sec. 220.00, then "'Narcotic drug' means any controlled substance listed in schedule I(b), I(c), II(b) or II(c) [of section thirty-three hundred six of the public health law] other than methadone." - Sec. 3306 can be found here.
    The drug in question is Butalbital, Schedule III controlled substance. Can she still be charged with "Narcotics Conspiracy" and "Narcotics Distribution via the Internet"? If I understand correctly, it has to be Schedule I or II for these charges to apply.

  9. #9
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    Default Re: Are Pain Killers Considered "Narcotics"

    Butalbital is a Schedule III Controlled Substance.
    Quote Quoting 21 USC § 841(a), (b)(1)(E), (h)(1)
    (a) Unlawful acts

    Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally

    (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or

    (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

    (b) Penalties Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:

    (1)

    * * *

    (E)

    (i) Except as provided in subparagraphs (C) and (D), in the case of any controlled substance in schedule III, such person shall be sentenced to a term of imprisonment of not more than 10 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 15 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both.

    (ii) If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 30 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both.

    (iii) Any sentence imposing a term of imprisonment under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment.

    * * *

    (h) Offenses involving dispensing of controlled substances by means of the Internet

    (1) In general

    It shall be unlawful for any person to knowingly or intentionally

    (A) deliver, distribute, or dispense a controlled substance by means of the Internet, except as authorized by this subchapter; or

    (B) aid or abet (as such terms are used in section 2 of title 18) any activity described in subparagraph (A) that is not authorized by this subchapter.

    * * *

  10. #10
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    Default Re: Are Pain Killers Considered "Narcotics"

    Quote Quoting krassyg
    View Post
    Internet sales of similar medications that contain the chemical are supposedly legal in her country. The US prosecutor is requesting her extradition from Bulgaria. .

    It is in regards to extradition of a relative of mine and I am trying to see if she can fight her extradition based on "dual criminality"
    How is that relevant to the US attempting to extradite her from Bulgaria to the US. Bulgarian law is going to determine whether they extradite her or not.


    Have any of the other's working at Gergana's company been indicted, even in their home country?

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