arrested for possession of psedoephedrine

[CarlaJane]

What is the name of your state? kansas i went into a local retail store and bought some allergy pills and i left the store i was stopped by police and subsaquently arrested for possession of pseudoephedrine. at that time i knew nothing about this being used for meth yet officers didn't believe me. no meth was found and the allergy pills i had bought was in the trunk of car. when i was stopped i was handcuffed before they even looked in trunk without my permission. security guards at retail store called the police. i had never been arrested, convicted or charged with a felony. i had to post bond and upon appearing in court the da was not prepared. then i was arrested again and had to post another bond on this same charge because the da was now ready to proceed with this case. how can a store allow you to buy a legal product and then call police and say i am in possession of an illegal amount? can they arrest me twice and i have to post bond again? wasn't the search illegal? i still have never found out what amount is an illegal amount, isn't this a violation of my constitutional rights?

 

[JETX]

"bought some allergy pills and i left the store i was stopped by police and subsaquently arrested for possession of pseudoephedrine."
*** Clearly, we are NOT hearing the full story here. You would not be arrested for purchasing a 'normal use' quantity of 'allergy pills'.
So, what IS the REAL story???

What EXACTLY did you purchase?
And how much??

 

[CarlaJane]

It is the real story!

I promise you I am telling you the real story. the one thing I did fail to say was that I had went to another store after I left the store because I forgot to get a bottle of gas treatment for my car. i had just got my car out of the shop that day and was told to put some gas treatment in the tank. I had and have a reciept from the mechanic to support this. i really am honestly telling you the truth when i tell you that i had not heard and didn't know that these two ingredents (along with 18-19 other household products) are used in making meth until after this all happened to me. when i was stopped and they asked me if i had an illegal amount of ephedrine/sudepherine with me, i didn't even know what they were talking about until they said allergy pills/tablets. The exact charge is -----(me) did then and there unlawfully, intentionally, possess pseudoephedrine or their salts, isomers, or salts of isomers, at (location) with the intent to sue the product to manufacture a controlled substance, methamphetamine. I kid you not!!!!!!! and it's not like i am a teenager or even a young adult, nor do i look like the meth makers or users i spent 24 hours with in jail!

 

[CarlaJane]

how much did i buy?

i had spent over an hour in the store and had bought 5 boxes of allergy pills (because a-i was leaving the country for 3 weeks, b-it was april, c-i don't live near shopping area, d-they were on sale, e-above all i have allergies) and about 20-25 other various items which was not related nor could even be related to making meth!

 

[JETX]

Presumably, contrary to your claims otherwise, the authorities feel that you had the intent to use or sell.

Here is the Kansas statute:
§65-7006. Unlawful acts.
(a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with intent to use the product to manufacture a controlled substance.
(b) It shall be unlawful for any person to market, sell, distribute, advertise, or label any drug product containing ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts or [of] isomers if the person knows or reasonably should know that the purchaser will use the product to manufacture a controlled substance.
(c) It shall be unlawful for any person to market, sell, distribute, advertise or label any drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers or salts of isomers for indication of stimulation, mental alertness, weight loss, appetite control, energy or other indications not approved pursuant to the pertinent federal over-the-counter drug final monograph or tentative final monograph or approved new drug application.
(d) A violation of this section shall be a drug severity level 1 felony."

Specific prohibited substances are detailed at:
http://www.kslegislature.org/cgi-bin/statutes/index.cgi/65-7003.html

Also, it is obvious that there is still something missing in your post (and for some reason, you haven't answered my LAST questions!). I suggest you have your defense attorney get involved and find out what the FULL story is.

 

[abezon]

Can you prove you were going out of the country? Got your tickets? A recent travel book I read told me to pack 3 times the amount of prescription & OTC drugs I think I'll need. That plus a complete bust on the warrant to search your home might convince the prosecutor he's not going to be able to prove intent to manufacture. GET A LAWYER FIRST, THOUGH.

 

[CarlaJane]

statute to vague

JETX-yes, presumably they did feel I had intent....just like you presumably thinking that there is obviously something missing from this post! The only thing obvious here is that if you are around, or you think like, or you are a criminal then you will presumably think that everyone else is a criminal. When in fact a person of ordinary intelligence not involved with drugs may be unfamiliar with the process of making meth and or the products used to make it. By the way........(for some reason you didn't take the time to look that in fact I did answer your LAST questions!) Contrary to your last statement my attorney is involved and does have the full story- Why? did you think i was going to rely on your opinion and advise......surely you aren't a criminal defense attorney, I would hate to have representation like this. Advise; don't quit your day job!!!!!

abezon-yes I can prove that I was going out of the country, pass port stamped, airline ticket stubs, eye witnesses, plus more. I must have read the same travel guide as you, they also stated that their OTC products (of any kind) may not be the same as you are use to taking, so take your own. I did get an attorney and it was dismissed because as of the date that the preliminary hearing was set for the DA hadn't had the pills tested to in fact determine beyond a reasonable doubt that the pills contained ephedrine, but if the DA does ever get them tested they can bring the charge back up on me for 2 years. A very convenient way out, when you know your wrong and don't have a leg to stand on without coming out and admitting it!

surely no one will reply, "why have the pills tested" because any and all competent attorney's and person's of ordinary intelligence will know why, well maybe?? OK short of some public defenders and JETX!

 

[JETX]

In my FIRST post on this thread, I asked you:
"What EXACTLY did you purchase?
And how much??"

You then responded without answering those questions!! Granted you did give a GENERIC answer in your THIRD post.... but still haven't said EXACTLY what the item was other than "allergy pills'.

In any case, have a happy day.... and look over your shoulder occasionally during the next two years.

 

[dequeendistress]

In any case, have a happy day.... and look over your shoulder occasionally during the next two

~~JETX[/QUOTE]

Yes for the next two years, in addition to when you buy iodine, red phosphorous, acetone, etc...this can lead to suspicions when purchasing drain cleaners and matches...

Best of luck

 

[CCPENNOCK]

Most retail drug stores are limited to how much "allergy" over the counter products they can sell to one person. Now if you have a receipt for the amount you bought, showing the date and time and if the store sold you these products at one time. Meaning you didn't return to the store or stores repeatedly to get the amount needed then you shouldn't have a problem. Also show any documentation you have about your travel plans, ie tickets, passport, online confirmation etc. Hire a lawyer. CCP

 

[CarlaJane]

JETX- OK receipt is in front of me and i will list everything on it one by one; matchbox easter set, canbury eggs, 7 packages of easter grass, mm peanut, olay bar soap, suave hair gel, *5 @ 2.99 of store brand, summers eve, secret clear, resolve 22oz, air freshener. Total amount spent $54.90. Yes, this was the only trip into this store that day, that week, or that month and they were bought and rang up all together! I am not sure if the store has a limit you can buy but if they did it was over 5 boxes. No signs were posted by product, at register or anywhere else in the store regarding this product.

i thought this was a legal advise forum, i have yet to get any answers to my legal issues i have asked. I have got some advise but not on the questions i want answers to and i have got much interrogation, as if i would have any reason to not reveal or not to be honest in my posts.....what good would that do and how could i get the right advise like that?



'and look over my shoulder occasionally during the next two years' i did nothing wrong and i should not have to look over my shoulder the next 2 years nor should i have to worry about having or buying any item that is legal to buy over the counter. Not to mention the embarrassment, humiliation and money this has caused me already! I am sure you would feel much different if you were in my shoes!

 

[JETX]

Carla, you're a twit.... and for some reason, still AVOIDING the issue. It would be obvious to anyone who didn't have something to try to hide that I don't give a crap about the 'other' stuff you purchased, since they are not relevent to your problem.

So far, when asked WHAT did you purchase, your answers were:
"5 boxes of allergy pills"
and now
"*5 @ 2.99 of store brand"

You still haven't told us WHAT it was you bought!!

But, who cares. You have your problem and clearly don't want to give sufficient details to get assistance. Your choice.... and loss.

 

[HomeGuru]

Big big loss.

 

[CCPENNOCK]

Something doesn't make sense. I can not beleive the police stopped and arressted you for buying boxes of allergy pills. If security was watching you it wasn't for buying allergy pills, especially if the clerks "sold" five boxes to you. If there is a limit the store is in trouble so why would they call the police on you for "buying" allergy pills. In all the years I worked for drug stores I have never heard of this. CCP

 

[HomeGuru]

Something doesn't make sense. I can not beleive the police stopped and arressted you for buying boxes of allergy pills. If security was watching you it wasn't for buying allergy pills, especially if the clerks "sold" five boxes to you. If there is a limit the store is in trouble so why would they call the police on you for "buying" allergy pills. In all the years I worked for drug stores I have never heard of this. CCP

**A: do you know what the ingredients is in making crystal meth? And such ingredients can be purchased over the counter?