Here's the pdf of the press release. I found it on erocs blog. It gives more details on the the quantities he had, for example hes getting charged for 3,668 cacti!

I did not read the whole story but if this raid prohibits plants or substances which would help people to evolve spiritually, then try the following. If this raid actually helps to evolve spiritually, which I do not think, then forget the following.



This may sound silly for a few but why not give it a try:



Spread news of this raid in more forums and politely ask people to agree upon a synchronized time and dosage - an individually appropriate dosage - which still keeps you in control. Or, meditate. While tripping/meditating, focus on this:



-Only invoke positive forces.
-Ask people like Jesus Christ, Gandhi, Buddha, Joan of Arc etc. for help. These people/forces seek balance without violating free will.
-Only emit positivity if you think about solutions to resolve this issue.
-Do everything with strong conviction.



Do not invoke any negative forces, because this only creates more trouble! No cheap tricks, just pure truthful intentions. Do not harm or manipulate anyone. Then, everything will be fine.

Sorry if already posted. This is a report from abc News from 1st Feb 2009. Interestingly, it cites BBB as the example site, and it sounds like they got a short interview with Jon Sloan.

http://abcnews.go.com/Te...PCWorld/story?id=6782911

Count V - "diethyltryptamine" - thats det not dmt - that they are stating was in the mhrb

and wow - almost half a ton of chali.

they state bufotinine is in the chacruna(psychotria viridis)

and a plastic jug and a filter - why did they mention that ?

are these ppl having probelms understaning whats going on or is someone trying to take advantage - perhaps det is more scheduled than dmt ?

I presume because it's one of those states where possession of drug paraphanalia is an offence (craziest law, America is fucked up!).
"Aha, a plastic jug and filter- this is obviously for making drugs, not coffee!"

The charges are unfounded and will be dropped. They were distributing plants, not drugs. The laws they claim BBB violated are specific to DMT, bufotenine, etc., and not the plants or seeds themselves. Because BBB did not market those for consumption the analog act doesn't apply either according to the DEA. That’s why the DEA did not get involved. There is no case. Otherwise the DEA would have raided BBB and not the FDA.

The statements claming that BBB manufactured drugs is quite hard to swallow even for a hard judge I think. The reason being many places sale HBWR seeds, and cacti, even places like Wal-mart. Having a Trichocereus cacti farm is perfectly legal in Kansas. Mimosa is also used for many non-drug purposes.

Unless they have proof that BBB had extracted DMT, those charges mean nothing. BBB is just selling herbs and seeds, not drugs. Mimosa is not a banned drug in Kansas. While it contains DMT, so does meat, so does everyone in the FDA, the police themselves, the grass outside many police stations, etc. This is too weak of a case UNLESS they actually found extracted DMT, which I don’t think they found, otherwise they would have listed the quantity of extracted DMT seized, and they did not.

They have NO CASE.

schedule 1 is the top of the list afaik.

If BBB does get off the hook, it'll be a big win for everybody and help secure the legitimacy of these practices within the current state of the law. HOWEVER, it will bring a hell of a lot of media attention to the community, and if we don't act quickly, it will be the worst sort possible and will result in unfavorable legislation. We need to be prepared to represent the community in a fair and fact-based manner to counter the inevitable onslaught of misinformation (as we've seen countless times before in the mainstream media).

this raised my curiosity....

we don't need to do anything. resisting something really just gives it energy, confirms that it is indeed there. there is no media 'onslaught'. dmt remains a relatively unknown and obscure psychedelic limited to those in the know, particularly individuals involved in the psy-trance scene, cultural researchers in the know of ayahuasca, and a small spectrum of kids that spend too much time reading up on erowid.

Keep in mind that law is all about interpretation. Lawyers and judges argue about the law all the time. Even many laws that are "clearly defined" are argued.

It's all up to the lawyers, judge and jury involved in the case. There are plenty of innocent people in prison.

I see NO CASE. Others looking at the same exact paper I am do see a case.

It’s up to a court to decide if a plant being sold that contains DMT in it can be classified as a container of DMT. In my mind, that means the product must be sold as a drug. If someone sold mimosa and said it could make you hallucinate, then it’s a clear cut case. They are selling DMT contained in the plant solely as a drug to make you hallucinate. But if they are saying it’s not sold for drug purposes (not for ingestion), then they are not selling it as DMT, but as an herb for other uses. In that case it’s not a container of DMT but just plant matter.

I think BBB will bring into light the fact that the seeds and cacti being sold are not for ingestion and are in fact available at Wal-mart and similar stores and this alone will ruin the case.

No one has ever been prosecuted for selling morning glories in the US. I can purchase them at Wal-mart, Walgreens, and many other common stores. I can purchase the same cactus cuttings and seeds at many plant shops as well. BBB will offer this as proof of their legality in Kansas and sight the fact there is no legislation banning these plants which are also available at Wal-mart and the charges will be dropped.

The cebil seeds can be easily dropped from this was as well. They are obviously seeds for propagation purposes and are sold as such. There are seed vendors that only sell seeds which carry cebil seeds. They are used to grow trees as a source of lumbar.

The mimosa is a harder one to get dropped, but still doable.

The main thing to worry about then, aside from any extractions being evidenced by what was found on BBB property (hopefully not an issue), is their forum.

Think about how a lot of smoke shops won't let you use terms like "bong" when discussing their product. It's because the law says that an object's legality changes depending on its supposed function, so a tobacco water pipe is legal but a bong is drug paraphernalia. BBB hosting a forum in which extractions are discussed is akin to the smoke shop allowing people to congregate on premises talking about the details of smoking weed with the pipes sold at that shop.

I think K2 is to blame. I saw the teens interviewed talking about how it's similar to marijuana and how it was getting real popular around there from a headshop around there that was raided. K2 is somewhat more marketed and talked about on sites as being an herbal smoking blend and so maybe that's why they decided to target that one.

Touche Guevara, their forum is definitely not good for them legally. It’s a very good tool for the prosecution. They can say, “if BBB did not intend for their products to be used as drugs why did the forum which they own and operate allow the forum users to openly discuss using their products as drugs?”

That’s probably the hardest thing for BBB to get around. They can always say that they were not responsible for the posts made by users, which is true.

I think the two biggest flaws in the operation of BBB are the fact that they operated a forum that discussed drug use by means of products that they sell, and the fact that they marketed K2 as a smoking mix. Those two are the hardest to get around. Selling something as a smoking mix means you are selling things for ingestion, which sort of nullifies their “not for ingestion” disclaimer. This is tricky and something BBB’s lawyer is going to have a hard time with.

Because K2 was not illegal at the time of the raid, it will not be a legal issue in court for them, but the fact that they marketed K2 for consumption (by smoking it), the prosecution will use this and their forum to try to prove that BBB intended for all of their herbs to be ingested as drugs. That’s the fight. That’s the type of fight I think the DEA would not be interested in because it’s not a clear cut case. The FDA operates differently though.

I’m curious how this will play out. I think BBB will come out of this just fine. That’s my gut feeling. BBB is not responsible for the actions of the buyers of their products or the users’ posts on their forum, and K2 is not illegal. Nothing they sell is illegal. There is no penal code that specifically mentions mimosa as a drug. This is what the BBB lawyer is going to attack. They can give hundreds of examples of other stores selling mimosa on eBay, and elsewhere, and point out that no law exists which bans mimosa in Kansas, and that the mimosa, unlike K2, was never marketed as a smoking mixture, and never marketed for ingestion of any kind.

We’ll just have to wait and see what happens.

john is not being charged under any violation of law related to K2. His charges have been mentioned before in this forum. It is unlikely that the FDA would choose this particular moment to raid BBB if K2 was part of their concern. The Kansas legislature is currently deciding on whether or not to make possession, consumption, distribution, manufacturing and trafficking of K2 a criminal offense in the state. If the FDA wanted to address the issue of K2, then they would likely have waited until K2 became illegal, and then raided BBB. If you can think of a reason that the FDA would raid BBB before it was illegal, if K2 was their reason for raiding it, then I'd be more then willing to hear it.

Pokey is absolutely right. After reading Steve Beyer's posts in the Ayahuasca Forums, it is very clear that it is illegal to distribute even a plant containing DMT (or any other scheduled substance). Steve is obviously a lawyer or retired lawyer and knows what he is talking about. The points he makes should make sense to anyone regardless of their technical knowledge of law. Everyone should read Steve's posts in the Ayahuasca Forums on this subject. i'll post the link again:
http://forums.ayahuasca....storder=asc&start=15
Steve jumps into the conversation on the second page of the thread, about half-way down.

Does this law mention the maximum percentage of DMT in the plant?
I mean, it clearly states that it is illegal to distribute DMT containing plants, but how much for it to be really illegal?

Is this law absolutely ridiculous?

If someone distributing a plant that contains 1% of DMT gets in problems, the same would happen to someone distributing a plant containing 0.50% or 0.10%?

This law is as pathetic as it is possible. How much time before it is illegal to walk in the grass? Oh wait... nevermind.

I would say Steve is wrong in his interpretation of that law, despite being a lawyer. I read it myself. To me its clear that the intention of the wording in that law is to say that DMT as a drug is illegal and that any product with it ADDED to it would be illegal. It doesn’t mention DMT as it natural occurs in life forms being banned (as in toads, humans, grass, etc.). I think it would have to state specifically that plants and other life forms that naturally contain DMT are also illegal, and it doesn’t say that. The wording of the law infers DMT as an isolated drug being contained in other products. People contain DMT, and so we would all be illegal if Steve’s interpretation was correct, so his interpretation cannot be correct as BBB's lawyer will argue I'm sure.

well as far as dea is concerned ANY % of THC makes a hemp plant a schedule 1 drug, and that is why the usa is the only industrialized nation in the world which still outlaws cultivation of hemp. they are certainly sweating this one.

im sure the same would be true for dmt containing plants, if they had their way.
BUT...
i think with the internet and rapid spread of information and knowledge about these things, 'they' know that if they start banning dmt containing plants, it wont be long till they have to outlaw all of nature.--its not possible-- they cant win. there is no way to turn off the dream machine.

I think this quote from the CSA will address both both your question, clouds, and your statement, 69ron.

"any material, compound, mixture, or preparation which contains any quantity" of a controlled substance is also illegal. There is no set percentage, just "any quantity." Due to court precedent during the UDV and Santo Daime's court cases and others, the "any material" part of that clause in the CSA does also refer to natural materials, i.e. plants. Steve had this to say on that topic: "Under this provision, it has generally been assumed that listing a major psychoactive component of a plant also lists the plant of which it is a part; for example, the Drug Enforcement Administration notes that, in listing the active ingredient cathinone in Schedule I, any material that contains cathinone, including its source plant khat, is automatically listed along with it."

While Steve only mentioned the DEA's interpretation, I thought it important to also point out that even in cases that ruled in our favor (the UDV and Santo Daime), the court has accepted this interpretation. I see no reason for the court to suddenly change their mind. In fact, now that there is precedent, it is only more likely that they will continue to use this interpretation. If anyone can find a case where this was not the interpretation that was used, please share it as I would love to learn of it.