Are synthetic drugs illegal? Health Canada and the police say they are, but the CEO of one of the biggest synthetic drug manufacturers says that none of the ingredients of his company's products are considered controlled substances. So, who is right? There is no real answer, but if the police and Health Canada have said the drugs are illegal, an individual could find him- or herself in serious trouble, even if the drugs are eventually considered legal.
Even if a judge agrees with the CEO, synthetic drug producers
may find themselves arrested and charged with drug charges. Producers will want to hire criminal defence lawyers to argue just why the drugs should be considered legal. Since the Crown will most likely call officials from Health Canada as witnesses, a producer will want to work closely with his or her lawyer to highlight the uncertain legal classification of these substances.
Unfortunately for the CEO, he is finding himself in trouble yet again for producing synthetic drugs. Although he insists that the drugs are legal because the individual components have not be banned by the Canadian government, he will need to convince a judge of that. Currently, he is facing charges of possession of property obtained by crime, failing to comply with a recognizance order, conspiracy to commit an indictable offence, and drug producing, importing and trafficking charges.
The CEO had previously faced criminal sanctions in the past, but it seems these current charges may have contributed to the end of his online sales of synthetic drugs.
Toronto Sun, "Alleged maker of synthetic marijuana and party drugs is facing charges again," Chris Doucette, April 13, 2014