wat853son
Member
Reged: 04/28/03
Posts: 150
Loc: USA
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According to DEA data currently, about 20 tons of hydrocodone products are used annually in the United States. If my math & unit conversions are correct this adds up to the following breakdown:
20.00 tons
2,000.00 lbs/ton
40,000.00 lbs
16.00 oz/lb
640,000.00 oz
18,143.69 kg
18,143,694.80 g
18,143,694,800.00 mg
2,419,159,306.67 tablets . . . @ 7.5 mg strength (assumes they are not including APAP)
Current US Census Bureau has US population clock @ 292,001,133. So this means per DEA we have enough hydrocodone for 8.28 tablets per every US citizen/yr. I must be bored . . . .
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Murple
Enthusiast
Reged: 09/12/02
Posts: 204
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There's 7.5mg hydrocodone in the pills... but what about if they're using the weight of the whole pill? How much does the whole pill weigh, counting the fillers, binders, dyes, and any APAP or aspirin in them? Its not unheard of for the DEA to inflate numbers based on technicalities like that.
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digitalone
Reged: 08/18/03
Posts: 181
Loc: USA
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Knowing the way LE works sometimes - They probably include the plastic bottle weight too.
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wat853son
Member
Reged: 04/28/03
Posts: 150
Loc: USA
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Appears inflated indeed - some homework & accuracy could be figured out . . . mass balance analysis.
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Trampy
Pooh-Bah
Reged: 04/02/02
Posts: 1229
Loc: Southwest U.S.
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Quote:
There's 7.5mg hydrocodone in the pills... but what about if they're using the weight of the whole pill? How much does the whole pill weigh, counting the fillers, binders, dyes, and any APAP or aspirin in them? Its not unheard of for the DEA to inflate numbers based on technicalities like that.
Of course they should be using the total pill's weight. And it's not anything underhanded. That's the way they wrote the law in the Controlled Substances Act. When they talk about weights as the breakpoint between different degrees of crime, they intended to include any fillers, binders, "cutting agents," etc. The intent was to include the total mass of the consumable product ... which hopefully does not include plastic bottles ...
In 1998 a guy was arrested for having about five gallons of a GHB-water mixture in one of those big water coolers they have in offices. There was probably only about a pound of GHB in there but they charged him with possession of over 30 pounds of a GHB mixture. They never try to figure out how "pure" it is and go from there. They just weigh the entire amount of the consumable product. They shouldn't be adding in the weight of the bottle, just the total mixture. See 21 CFR 1308. Through and through it refers to "mixture containing ..."
I guess if it was so dilute that it wasn't psychoactive, a lawyer could make a good argument that it wasn't a controlled substance and move for dismissal. Say it was one Norco dissolved in a swimming pool of water. Could they convict someone for possessing over 100,000 pounds (50 tons) of a hydrocodone mixture if they owned the pool and they had thrown that pill in there "knowingly and willingly"? I doubt it.
Maybe they could get obstruction of justice or evidence tampering if that pill was thrown in there to avoid prosecution, but i doubt they'd get a drug conviction for possession of more than the single pill. Even so, the physical evidence would be very weak (to be punny).
Trampy
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Your mileage may vary ...
Edited by Trampy (09/10/03 11:30 PM)
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zorg
Veteran
Reged: 04/29/02
Posts: 559
Loc: Midwest
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Yep, they will weigh composite dosage units and then charge the individual with the full weight as applied to the controlled substance(s). I've seen it done once many years ago to some deadhead ex-friends of mine that got popped with hallucinogens on thick paper dosage units.... pretty low regardless of how deserving the perp is. According to an attendee, his trial also did not allow the weight disparity to be presented at ANY time, despite repeated attempts including blurting it out to sow the seed at a minimum. Hey, at least they have our best interests at heart right ?
Edit: Just read Trampy's reply, makes a bit more sense now. Still, paper seems a bit questionable (do you spit the paper out, do you swallow it, etc.). Moot point but whatever, best to just not get busted for possession.
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digitalone
Reged: 08/18/03
Posts: 181
Loc: USA
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Quote:
They shouldn't be adding in the weight of the bottle, just the total mixture.
I know of a street drug case that didn't quite go that way. Say, the weight of powder in miligrams, weighted with a bag(s), could mean the difference between simple possession and distribution with intent to sell. Cops included the weight of the plastic bag.
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Trampy
Pooh-Bah
Reged: 04/02/02
Posts: 1229
Loc: Southwest U.S.
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People's rights get violated all the time. All i know is what the federal law says and almost all states have it the same with regard to the weight of the mixture. The added weight of any bottles and bags are not mentioned in the Controlled Substances Act or in the federal sentencing guidelines.
Either there was inadequate legal counsel ... or the state in which it occurred has a paraphenalia law where they're allowed to add in the weight of the plastic bag enclosing the drug. You'd need to look up that state's laws. Appeals are expensive but it might be worth it.
Anyway, a plastic bottle is not the same as a plastic baggie. I said, "weight of the bottle."
Trampy
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Your mileage may vary ...
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Dan013
Stranger
Reged: 03/28/03
Posts: 20
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The United States Sentencing Commission seems to be changing the punishments to include the "actual" weight of the controlled substance.
Take for example oxycodone. Effective November 1, 2003 they will use the actual amount of oxycodone in a particular pill.
Amendment for Nov 1st
Also, the punishments seem to be the same for possession, possession with intent, distribution, manufacturing, or conspiracy --- it is all based off of weight.
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