F
FreeMan2000
Guest
(California)
Please consider the following and give any insight/legal strategies that come to mind:
1. Assume a given substance is newly scheduled (schedule II) in California.
2. An individual has been found to be in possession of said substance subsequent to the new law taking effect.
3. However, said individual can prove that he/she purchased and initially possessed said substance prior to the new law taking effect.
4. Arresting officer was unaware of the legal status of the substance and needed to contact DOJ. Defendant claims it is unreasonable to expect a citizen to have a better knowledge of newly passed law than law enforcement officials.
5. The substance in question continues to be openly sold in the state as an ingredient in a variety of commercial products.
Any thoughts appreciated.
Please consider the following and give any insight/legal strategies that come to mind:
1. Assume a given substance is newly scheduled (schedule II) in California.
2. An individual has been found to be in possession of said substance subsequent to the new law taking effect.
3. However, said individual can prove that he/she purchased and initially possessed said substance prior to the new law taking effect.
4. Arresting officer was unaware of the legal status of the substance and needed to contact DOJ. Defendant claims it is unreasonable to expect a citizen to have a better knowledge of newly passed law than law enforcement officials.
5. The substance in question continues to be openly sold in the state as an ingredient in a variety of commercial products.
Any thoughts appreciated.