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November 03, 2009

Just say no to BZP. Say what?

Turns out there is an amphetamine-like drug called BZP. Alternatively known as "Sunrise," "Frenzy" and "Hummer," it apparently induces feelings of euphoria and well-being.

Naturally, it is illegal in the United States. Mama don't want no euphoria around here.

But in an interesting new ruling, the U.S. Navy-Marine Corps Court of Criminal Appeals has tossed out part of a BZP-related court martial conviction of Marine Lance Cpl. Joseph A. Baldwin. The problem: was the drug, whose full name is Benzylpiperizine, properly considered an unmailable "poison?"

Baldwin had deployed with his unit to Al Asad Air Base in Iraq. While there, he placed two orders for BZP-containing drugs through a web site called herbalhighs, which operates out of Belize. One of the drug charges against Baldwin -- there were others not challenged on appeal -- was that he had caused the mailing of an item deemed unmailable under 18 USC 1716.

The law specifies "all kinds of poison, and all articles and compositions containing poison, and all poisonous animals, insects, reptiles, and all explosives, hazardous materials, inflammable materials, infernal machines..." etc. etc.

Infernal machines: nice.

The appellate panel concluded that the statute couldn't really be stretched to include BZP -- or any other controlled substance -- under the category of poison. The victory was cold comfort for Baldwin, though, as the judges declined to reduce the prison sentence.

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mike

"Suits & Sentences" is a legal affairs blog written by Michael Doyle, a reporter for McClatchy's Washington Bureau. He was a Knight Journalism Fellow at Yale Law School, where he earned a Master of Studies in Law; he also earned a Masters in Government from The Johns Hopkins University with a thesis on the Freedom of Information Act. He teaches journalism as an adjunct instructor at The George Washington University's School of Media and Public Affairs.

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