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Drug Possession Methorphan

On Behalf of | Apr 2, 2016 | Criminal Defense |

Illinois regularly prosecutes individuals who have sizzurp, lean, syrup, drank, barre, purple jelly, Texas tea, dirty Sprite, and Tsikuni. The prescription-strength cough syrups mixed with a carbonated beverage contains codeine and promethazine, not to be confused with dextromethorphan (DXM). While DXM is legally marketed throughout the United States, methorphan comes in two isomeric forms, each with differing pharmacology and effects.  Illinois is now prosecuting individuals who possess Methorphan.

Dextromethorphan (DXM) is a cough suppressor found in more than 120 over-the counter cold medications, either alone or in combination with other drugs. DXM is abused in high doses to experience euphoria.

DXM is a legally marked cough suppressant that is neither a controlled substance nor a regulated chemical under the Controlled Substances Act. The sale of dextromethorphan in its pure powder form may incur penalties, although no explicit law exists prohibiting its sale or possession, other than in the state of Illinois. There have been cases of individuals being sentenced to time in prison and other penalties for selling pure dextromethorphan in this form, because of the incidental violation of more general laws for the sale of legitimate drugs — such as resale of a medication without proper warning labels.

Dextromethorphan was excluded from the Controlled Substances Act (CSA) of 1970 and was specifically excluded from the Single Convention on Narcotic Drugs. Dextromethorphan is still excluded from the CSA (as of 2010); however, officials have warned that it could still be added if increased abuse warrants its scheduling.[4] The motivation behind its exclusion from the CSA was that, under the CSA, all optical isomers of listed Schedule II opiates are automatically Schedule II substances. Since dextromethorphan is an optical isomer of the Schedule II opiate levomethorphan (but does not act like an opiate), an exemption was necessary to keep it a non-controlled substance. To read more check out: DEA Information and Illinois Compiled Statutes

However, Levomethorphan is a prodrug to levorphanol, analogously to DXM acting as a prodrug to dextrorphan or codeine behaving as a prodrug to morphine. Levomethorphan is listed under the Single Convention on Narcotic Drugs 1961 and is regulated like morphine in most countries.

Racemethorphan refers to the racemic mixture of both of these stereoisomers. It is listed under the Single Convention on Narcotic Drugs 1961 and is therefore listed in the United States as a Controlled Substance, specifically as a Narcotic in Schedule II.

If you are charged with possession of Methorphan you could be charged with a serious felony. If you have questions or concerns please contact Richard at Fenbert & Associates, LLC, at 630-917-2051.