Sunday, July 30, 2017

Is Kratom now legal in Nashville, Tennessee? Win for Kratom law: Case dismissed in Nashville for felony possession and distribution of a synthetic opiate analog: Kratom.

 "A one-month investigation into the large scale distribution of a synthetic opiate substance known as Kratom has resulted in the arrest of a Clarksville man on felony drug charges and the seizure of more than five pounds of Kratom." according to press release. The felony charges on this large scale operation arrest were dismissed by Nashville District Attorney, marking a milestone in Kratom Law, in Nashville anyway.

The law's title and verbiage is explicit about the legality of synthetic alkaloids contained in kratom. The natural versions of those alkaloids were just deemed legal by a Tennessee district attorney for the third time, as he dismissed Christopher Miller's case of a felony possession of a schedule 1 drug. I am merely making an inference based on his decision. He did not outwardly state that to be the case.

We, in the US have a common law legal system, in which precedence from a prior ruling will determine the outcome of a current case. This brings predictability, and consistency to the enforcement of the law. While it was not a higher level court, it is still the prevailing precedent on how other cases will be treated.

Christopher Miller, Sarah Carpenter, and David Bean all had their cases thrown out on request of their attorney Robert Vaughn in Nashville Municipal Court. One of the cases was nullified after arraignment, and 2 at arraignment.

The ass backwards special interest group in Tennessee that spearheaded the witch hunt, inadvertently wrote a law that Excludes kratom in its natural form according to the letter of the law (idiots much?). In no uncertain terms, the law does not include Kratom in it's natural form, except that it is erroneously classified as such by the statute. So, because of document's misclassification of kratom as synthetic, Kratom is mistakenly being classified as illegal. Only it's synthetic version, is illegal.

The law, as written pertains only to the synthetics on the list, and the DA has decided that he will not be prosecuting based on the grounds of ambiguity. Despite the law actually defining synthetics to include mitragynine and hydroxymitragynine, the gray area/ loop hole might allow the natural versions to remain legal since it is natural.

So, for all intents and purposes, it could be legal (in Nashville anyway), and may never have been illegal, once semantics are corrected. They'll have to amend or enable new legislation if they want to include Kratom. Is it possible that they can let such an egregious error prevail? They obviously don't know what it is, but adamantly want it banned nevertheless.


Anonymous said...

Courts/Cops still use the word Marijuana, which is just a Mexican slang word-legally speaking, no one should be in jail for marijuana sale or posession because marijuana isn't real. Cannabis is real . The War On Drugs is so screwed up and awful that logic and common sense and rational thinking goes right out the window. But you still make a good point.

SteveO said...

I guess you're right to some extent. But, in this case there's a list of synthetic chemicals including Mg and 7ohm. These 2 clearly don't belong there, or anywhere near that law. The question is: Does that make a difference? If they were to add Marijuana to that list, could it be enforced? I.e. how much power does that list have? I'll have to try and find it.

SteveO said...

They don't even know what Kratom is: claims it to be a "synthetic opiate substance". They were in such a hurry to ban it, that they didn't bother to learn what it is.

SteveO said...

Correction, the statute actually doesn't refer to another list, it has it's own. So, the law defines synthetic analog to include Mitragynine and Hydroxymitragynine, which the statute recognizes as a methcathinone analogue. Whether this mis-classification is a legitimate point of contention or not is what the Nashville DA is claiming to be grey area.

FreeSpirit said...

Big Pharma drugs are the true "synthetic opiate substances." What a bunch of ignorant, hypocritical BUFFOONS

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