Friday, March 14, 2003

Law May be inadequate

Police are cracking down on those who manufacture Speed from pseudoephedrine tablets. First of all by limiting the quantity of these over the counter medicines available to an individual, and now Customs seize legally imported large quantities of cold remedies.

Both actions may require law change, and as such prosecutions for importing large quantities of cold remedies could form the basis of an operation to bust a Speed lab.

But such busts are not yet covered by any specific law that we know about, and although it is a logical way to stem the huge tide of potential offending as more kids get addicted to Speed and P, it is not clear how the Police would charge anyone for something that is not illegal.

Therefore, it is logical that the Misuse of Drugs Act may require modification to cover importation of large quantities of cold medicine. In the meantime, those accused of this seem likely to come under a high powered spotlight of investigation into the connections of the importer. This will result in an evolution of method. A disassociation between the courier and the lab they are supplying to stall such Police operations.

The Police investigate crimes. Customs may seize casual importers of such medicines and these imports may be made subject to proper licencing (if they are not already). The problem for the prosecution or even investigation of the non-crime of importation may be one of "just cause". It would seem to follow that the Police could be challenged in regard to such imports forming the entire basis of an investigation that led to the busting of a P Lab. Therefore they want a law change.

After years of busting "home bake" labs that extracted codeine from pain killers, it is surprising to observe that a law change was not sought earlier. Individuals busted in this way will require a lawyer well versed in these matters, certainly.

No comments: