1 - Voice For The Defense Online

D rngs of abuse are identified bymany names of no value for unambiguouslyidentifying the drug.Methamphetamine, a familiar name thatappears to he the chemical name of admg, is actually a "commo~l" namederived from the more descriptive name,N-methylamphetamine, but even thisname is not the tnle chen~ical name ofthe substance. Strect names such as"crank," "speed," "ice," or "crystal"exacerbate the problem of distinguishingamong the foms of methamphetamine,especially considering that "speed" Itashecn nsed to describe drugs other thanmethamphetamine.An attorney cannot avoid using ehemicallydescriptive names for the controlledsubstances with which his clientis involved. They are useful and neccssaryaccounting devices for identifyingthe substances listed in thc sentencingguidelines, hut he does not need to havea chemist's knowledge of how thosenames are derived.The misu~tderstandings in the matterof methamphetamine sentencing beginwith the difference between the definitionsof metha~npl~etamine applied forthc separate ptnposes of convicting andsentencing. The stahltory defnlition ofmethamphctan~ine." any substance(except an i~?jectahle liquid) which containsany quantity of metharnphetaminc,including its salts, isomcrs, aud salts ofisomers ...2," incl~~des the word, '?somners,"from which all the confusionstems. Isomers are defined in thestatute, hut that definition contributesnothing to the typical lawyer's understandingof what they are.IsomersIsomers are three-dimensional entities,so they must be viewed in three dimensionsto be understood. Figure I is to heused to construct a pair of 3-dimensiona1structures representing important featuresofmethamphetamine isomers. Cutalong the solid lines, folded along thedashed lines, and with the correspondinglynumbered sides taped together,hvo four-sided pyramids will he formed.They are identical inshape, volume, andweight; they are made from the samepaper and tape; they both have sidesI'abeled "A," "B," "C," and "D," and ina dark room they are indistinguishable.If, however, they are placed on a table sothey rest on the same-labeled sides --"A"for instance -- and turned so thesides labeled "B" and "C" are visible,those labels are on different sides of thetwo pyramids. No matter how they arehirned, it is impossible to have them reston the same side and not he different inthe orientation of the labcled sides thatare visible. They differ only in how theyare oriented in space. To distinguishthcm one from the other, it is necessaryfo invent an arbitmy system for namingthem and, if they are to representniethat~ipheta~nine, it is appropriate tocall one of them "I" and the other "d."This exactly represents the nature ofmethamphetamine isomers. While thisslight difference seems trivial in light ofthe overall chemical and physical similarityof a pair of isomers, it is of greatsignifican~ in biological systems, beingthe reason why otherwise identicalsubstances pxoduce radically differentphysical and psychological effects.Chemists developed several systematicmethods for nalning isomers ill sucha way that -- to use this pyramid example-- it is pnssible.to specify everythingabout the isomer including the orientationin space of the various sides. Themost universal of these systems is theone created by the Chemical AbstractSewices (CAS). Not only does it givean exact name to each isomer, it giveseach a serial number called the CASnumber that uniqnely applies to that isomcrjust as a person's social securitynumber uniquely identifies him.Regardless of what comnon name,street name, or teclniical name is appliedto the isomer, all are cataloged under thesane CAS number, so the CAS numberscan he used to ameliorate the confusionnow found in the sentencing guidelines.Sentencing Guideline Definitions ofMethamphefanrincThe sentencing guidelines have atvarious times included four categoriesthat apply to methamphetamine; theseare:I. Methamphetamine2. Methamphetamine (ach~al)~3. "Ice"4.L-MethamphetamineILevo-"lce"and "L-Metl~amphetaminekevo-~etha1n~hetanlineL-desoxye~l1edri11e"arc unan~higuously defined; the othertwo categories arc not.July/Augusi 2000 - Voice 19