2C-B (Nexus): Legal consequences
Last modified: Saturday, 20. June 2009 - 3:59 pm
Legal consequences of Nexus
A person convicted of possessing a Schedule I drug such as 2C-B can get a sentence ranging from no jail time to life imprisonment, and a fine of $5,000 to $1 million.
In Wisconsin, a first-time conviction in a state court for possession of 2C-B can result in a sentence of up to a year in prison and a fine of up to $5,000. A person convicted of sale or possession for sale of 2C-B can get a prison sentence of up to 30 years and a fine of up to $1 million. If the sale is to a minor, sentencing can be doubled at the discretion of the court. In neighboring Illinois, possession of 2C-B is a Class 4 felony, and conviction brings a prison sentence of from one to three years and a fine of up to $25,000. Conviction in a South Dakota state court of possession or sale of a small amount of 2C-B carries a minimum sentence of a year in prison and a fine of up to $10,000. Sale or distribution to a minor carries a minimum prison term of five years.
California’s Proposition 36
In 2000, California voters approved a ballot measure that allows state courts to sentence first- and second-time drug use offenders to rehabilitative treatment rather than jail or prison. The measure, Proposition 36 (Prop. 36), also known as the Substance Abuse and Crime Prevention Act, took effect July 1, 2001. As of March 1, 2002, more than 15,000 persons had been referred to treatment under Prop. 36. The law mandates probation and drug abuse treatment for offenders instead of jail time. Persons sentenced under Prop. 36 are required to spend up to a year in a state-approved treatment regimen. Treatment can include outpatient care, inpatient treatment at a halfway house, and drug education and prevention classes.
The philosophy behind the law is two-fold. First, it frees up jail and prison space for persons convicted of violent offenses. Second, it mandates treatment and education that a drug user may not get in jail. Prop. 36’s overall goal is to reduce repeat drug use and lower crime rates. Drug policy officials say it is too early to determine if the California program is successful in achieving either of these goals. A similar measure, Proposition 200, was approved by voters in Arizona in 1996.
In California, the state Drug Policy Alliance issued a report in 2002 that stated the program appears to be effective in meeting its goals. However, it listed several areas of concern. These included a lack of diversity in treatment options, a lack of state licensing regulations for halfway houses, and a high rate of drug offenders failing to appear for treatment in several counties, where the failure to appear rate was close to 50%.
Federal guidelines, regulations, and penalties
The federal government and state governments use schedules as a way of classifying controlled substances such as 2C-B and other hallucinogens. A drug is placed on a particular schedule based on how safe it is, its potential for medical use, and its potential for abuse. A drug’s schedule plays a primary role in determining penalties for illegal possession or sale of the drug.
Drugs are placed in Schedule I because they have a high potential for abuse, have no current accepted medical use, and because the drug is unsafe even under medical supervision. Besides 2C-B, other Schedule I drugs include heroin, marijuana, and LSD.
2C-B is a Schedule I substance and thereby falls under the penalties associated with that group of drugs. Persons convicted of first-time possession of 2C-B in a federal court face up to a year in prison and a mandatory fine of at least $1,000 up to a maximum of $100,000. A first-time conviction for the sale or possession for sale of 2C-B by a federal court carries a prison sentence of up to 20 years and a fine of up to $1 million.
In Canada, 2C-B is a scheduled drug under the Controlled Drugs and Substances Act. If convicted of possession of 2C-B, the maximum penalty is three years in jail and up to a $1,000 fine for a first offense. A conviction for sale of 2C-B carries a maximum penalty of 10 years in prison.
Great Britain regulates 2C-B under the Medicines Act. A conviction for possession of the drug carries an average sentence of two years and two months in prison and a fine of about $185. The maximum sentence is seven years in prison and an unlimited fine. The maximum penalty for selling 2C-B is life in prison and an unlimited fine.
In Australia, 2C-B is regulated by each state. In the state of Queensland, the penalty for possession of any illegal drug is one year in prison and a fine of $3,000, according to the Australian Drug Foundation. The trafficking or sale of 2C-B in Queensland carries a maximum sentence of 25 years in prison and a fine of up to $250,000.
Japan’s Health and Welfare Ministry ruled the drug had no legitimate medical uses and banned it in 1998 under the Narcotics Control Law. The maximum penalty for a conviction of possessing or using 2C-B is seven years in prison. The drug had been marketed in Japan and sold over the Internet under the name Performax. In 2000, the World Health Organization (WHO) classified it as a Schedule II drug under the 1971 Convention on Psychotropic Substances. In a recent report, WHO said 2C-B is likely to be abused enough as to constitute a “substantial” public health and social problem, warranting its placement under international control. The WHO report had no recommendations for penalties or treatment for abusers.