need advice as a witness

[***]

if i'm a witness in a drug trial and they ask if i have ever used an illegal drug and i say "yes" can i get in trouble for that?

also, if i admit to ingesting something that is not approved by the FDA for use as a food or drug, but this substance is not banned by the FDA either what are the consequences of that? for example if i said on the stand "i like to drink women's perfume" could i get arrested for that (all joking aside).

thanks
ps, keep in mind that i am not taking the stand for my defense, but as a defense witness. thanks

 

[ROID WARRIOR]

If you are to provide testimony under oath you are swearing or affirming that the testimony you are providing is the truth, under the penalties of perjury.

RW

 

[danger_dj]

The answer is no they can't charge you, unless you did the crime that you are the witness of.

 

[Citruscide]

Technically... I dont think there is a crime for USING a controlled substance... it is more possession or the selling of that substance. Mere testimony that you have used a substance is not evidence enough to prove you possessed or do possess it...

however, it could spark an investigation on you

C-ditty

 

[Singleton]

Can't you exercise 5th amendment rights?

 

[ROID WARRIOR]

Technically... I dont think there is a crime for USING a controlled substance... it is more possession or the selling of that substance. Mere testimony that you have used a substance is not evidence enough to prove you possessed or do possess it...

however, it could spark an investigation on you

C-ditty


I recall having discussed this with Rick last summer. To refresh my recollection I flipped open my trusty copy of LEGAL MUSCLE to page 300. Interestingly, Colorado Criminal Code C.R.S 18-18-404, as reproduced in part in Appendix I of LEGAL MUSCLE, states that any person who USES any controlled substance listed in schedul III commits a class I misdemeanor; possession is a class 4 felony. Schedule III in CO includes AAS, hCG and hGH.

I don't see any reason why one couldn't be charged with any crime for which one makes an admission, absent having been granted immunity. One who violates any FDA reg can be subject to any prescribed penalities. Case in point, as indicated in the LEGAL MUSCLE glossary, clenbuterol is not a federally controlled substance; however, it is an unapproved drug in the US and is on an FDA import alert and subject to seizure.

regards,

RW

 

[drrman]

i do know that they passed a law in california specifically that made it ILLEGAL to be under the influence of MDMA, not only posessing of selling, but being under the influence became illegal, it was an article on dancesafe.org

 

[***]

Can't you exercise 5th amendment rights?

no

 

[***]

One who violates any FDA reg can be subject to any prescribed penalities. Case in point, as indicated in the LEGAL MUSCLE glossary, clenbuterol is not a federally controlled substance; however, it is an unapproved drug in the US and is on an FDA import alert and subject to seizure.

regards,

RW

so, what do you think the penalty would be if i admitted to using clenbuterol on the stand? assuming they REALLY don't like me and want to do whatever it takes to put some type of record on me.

 

[Citruscide]

First, witnesses in civil trials cannot exercise the 5th amendment.

Second, the laws may vary state to state... if Im not mistaken, this case is in the federal court? An admission to usage may be added to other evidence, thereby colloberating a case against you through varying circumstances...

As a witness... testifying to use of a drug... to qualify as what? An expert? or to testify as to how they felt while they were on it? The latter testimony would be allowed, because it would go to the physical state of the person while they were taking it...

However, if this is in a post-trial setting... just about ANY sort of information can come in ... rules of hearsay don't apply... technically, as they do during a trial.

C-ditty