Monthly Archives: October 2013

“Superfluity does not vitiate” and other maxims found in the Cal. Civ. Code

The California Civil Code enumerates the following maxims of jurisprudence:*

3510. When the reason of a rule ceases, so should the rule itself.

3511. Where the reason is the same, the rule should be the same.

3512. One must not change his purpose to the injury of another.

3513. Any one may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened by a private agreement.

3514. One must so use his own rights as not to infringe upon the rights of another.

3515. He who consents to an act is not wronged by it.

3516. Acquiescence in error takes away the right of objecting to it.

3517. No one can take advantage of his own wrong.

3518. He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession.

3519. He who can and does not forbid that which is done on his behalf, is deemed to have bidden it.

3520. No one should suffer by the act of another.

3521. He who takes the benefit must bear the burden.

3522. One who grants a thing is presumed to grant also whatever is essential to its use.

3523. For every wrong there is a remedy.

3524. Between those who are equally in the right, or equally in the
wrong, the law does not interpose.

3525. Between rights otherwise equal, the earliest is preferred.

3526. No man is responsible for that which no man can control.

3527. The law helps the vigilant, before those who sleep on their rights.

3528. The law respects form less than substance.

3529. That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due.

3530. That which does not appear to exist is to be regarded as if it did not exist.

3531. The law never requires impossibilities.

3532. The law neither does nor requires idle acts.

3533. The law disregards trifles.

3534. Particular expressions qualify those which are general.

3535. Contemporaneous exposition is in general the best.

3536. The greater contains the less.

3537. Superfluity does not vitiate.

3538. That is certain which can be made certain.

3539. Time does not confirm a void act.

3540. The incident follows the principal, and not the principal the incident.

3541. An interpretation which gives effect is preferred to one which makes void.

3542. Interpretation must be reasonable.

3543. Where one of two innocent persons must suffer by the act of a
third, he, by whose negligence it happened, must be the sufferer.

3545. Private transactions are fair and regular.

3546. Things happen according to the ordinary course of nature and the ordinary habits of life.

3547. A thing continues to exist as long as is usual with things of that nature.

3548. The law has been obeyed.

*WARNING: The maxims set forth above “are intended not to qualify any of the foregoing provisions of this Code, but to aid in their just application.” Cal. Civ. Code § 3509.

 

How the California legislature defines “controlled substances”

The California Health and Safety Code defines “controlled substances” thusly:

11053. The controlled substances listed or to be listed in the schedules in this chapter are included by whatever official, common, usual, chemical, or trade name designated.

11054. (a) The controlled substances listed in this section are included in Schedule I.

(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation:

  • (1) Acetylmethadol.
  • (2) Allylprodine.
  • (3) Alphacetylmethadol (except levoalphacetylmethadol, also known as levo-alpha- acetylmethadol, levomethadyl acetate, or LAAM).
  • (4) Alphameprodine.
  • (5) Alphamethadol.
  • (6) Benzethidine.
  • (7) Betacetylmethadol.
  • (8) Betameprodine.
  • (9) Betamethadol.
  • (10) Betaprodine.
  • (11) Clonitazene.
  • (12) Dextromoramide.
  • (13) Diampromide.
  • (14) Diethylthiambutene.
  • (15) Difenoxin.
  • (16) Dimenoxadol.
  • (17) Dimepheptanol.
  • (18) Dimethylthiambutene.
  • (19) Dioxaphetyl butyrate.
  • (20) Dipipanone.
  • (21) Ethylmethylthiambutene.
  • (22) Etonitazene.
  • (23) Etoxeridine.
  • (24) Furethidine.
  • (25) Hydroxypethidine.
  • (26) Ketobemidone.
  • (27) Levomoramide.
  • (28) Levophenacylmorphan.
  • (29) Morpheridine.
  • (30) Noracymethadol.
  • (31) Norlevorphanol.
  • (32) Normethadone.
  • (33) Norpipanone.
  • (34) Phenadoxone.
  • (35) Phenampromide.
  • (36) Phenomorphan.
  • (37) Phenoperidine.
  • (38) Piritramide.
  • (39) Proheptazine.
  • (40) Properidine.
  • (41) Propiram.
  • (42) Racemoramide.
  • (43) Tilidine.
  • (44) Trimeperidine.
  • (45) Any substance which contains any quantity of acetylfentanyl (N-[1-phenethyl-4-piperidinyl] acetanilide) or a derivative thereof.
  • (46) Any substance which contains any quantity of the thiophene analog of acetylfentanyl (N-[1-[2-(2-thienyl)ethyl]-4-piperidinyl] acetanilide) or a derivative thereof.
  • (47) 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).
  • (48) 1-(2-Phenethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).

(c) Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

  • (1) Acetorphine.
  • (2) Acetyldihydrocodeine.
  • (3) Benzylmorphine.
  • (4) Codeine methylbromide.
  • (5) Codeine-N-Oxide.
  • (6) Cyprenorphine.
  • (7) Desomorphine.
  • (8) Dihydromorphine.
  • (9) Drotebanol.
  • (10) Etorphine (except hydrochloride salt).
  • (11) Heroin.
  • (12) Hydromorphinol.
  • (13) Methyldesorphine.
  • (14) Methyldihydromorphine.
  • (15) Morphine methylbromide.
  • (16) Morphine methylsulfonate.
  • (17) Morphine-N-Oxide.
  • (18) Myrophine.
  • (19) Nicocodeine.
  • (20) Nicomorphine.
  • (21) Normorphine.
  • (22) Pholcodine.
  • (23) Thebacon.

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subdivision only, the term “isomer” includes the optical, position, and geometric isomers):

  • (1) 4-bromo-2,5-dimethoxy-amphetamine–Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5 DMA.
  • (2) 2,5-dimethoxyamphetamine–Some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA.
  • (3) 4-methoxyamphetamine–Some trade or other names: 4-methoxy-alpha-methylphenethylamine, paramethoxyamphetamine, PMA.
  • (4) 5-methoxy-3,4-methylenedioxy-amphetamine.
  • (5) 4-methyl-2,5-dimethoxy-amphetamine–Some trade or other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; “DOM”; and “STP.”
  • (6) 3,4-methylenedioxy amphetamine.
  • (7) 3,4,5-trimethoxy amphetamine.
  • (8) Bufotenine–Some trade or other names: 3- (beta-dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5 indolol; N,N-dimethylserolonin, 5-hydroxy-N,N-dimethyltryptamine; mappine.
  • (9) Diethyltryptamine–Some trade or other names: N,N-Diethyltryptamine; DET.
  • (10) Dimethyltryptamine–Some trade or other names: DMT.
  • (11) Ibogaine–Some trade or other names: 7-Ethyl-6,6beta, 7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b] indole; Tabernantheiboga.
  • (12) Lysergic acid diethylamide.
  • (13) Marijuana.
  • (14) Mescaline.
  • (15) Peyote–Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds or extracts (interprets 21 U.S.C. Sec. 812(c), Schedule 1(c)(12)).
  • (16) N-ethyl-3-piperidyl benzilate.
  • (17) N-methyl-3-piperidyl benzilate.
  • (18) Psilocybin.
  • (19) Psilocyn.
  • (20) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers.    (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered).
  • (21) Ethylamine analog of phencyclidine–Some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE.
  • (22) Pyrrolidine analog of phencyclidine–Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCP, PHP.
  • (23) Thiophene analog of phencyclidine–Some trade or other names: 1-[1-(2 thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP.

(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

  • (1) Mecloqualone.
  • (2) Methaqualone.
  • (3) Gamma hydroxybutyric acid (also known by other names such as GHB; gamma hydroxy butyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate), including its immediate precursors, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, including, but not limited to, gammabutyrolactone, for which an application has not been approved under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355).

(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its isomers:

  • (1) Cocaine base.
  • (2) Fenethylline, including its salts.
  • (3) N-Ethylamphetamine, including its salts.

11055. (a) The controlled substances listed in this section are included in Schedule II.

(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

  • (1) Opium, opiate, and any salt, compound, derivative, or preparation of opium or opiate, with the exception of naloxone hydrochloride (N-allyl-14-hydroxy-nordihydromorphinone hydrochloride), but including the following:(2) Any salt, compound, isomer, or derivative, whether natural or synthetic, of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium.
    • (A) Raw opium.
    • (B) Opium extracts.
    • (C) Opium fluid extracts.
    • (D) Powdered opium.
    • (E) Granulated opium.
    • (F) Tincture of opium.
    • (G) Codeine.
    • (H) Ethylmorphine.
    • (I) Hydrocodone.
    • (J) Hydromorphone.
    • (K) Metopon.
    • (L) Morphine.
    • (M) Oxycodone.
    • (N) Oxymorphone.
    • (O) Thebaine.
  • (3) Opium poppy and poppy straw.
  • (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.
  • (5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy).
  • (6) Cocaine, except as specified in Section 11054.
  • (7) Ecgonine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof.

(c) Opiates. Unless specifically excepted or unless in another schedule, any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:

  • (1) Alfentanyl.
  • (2) Alphaprodine.
  • (3) Anileridine.
  • (4) Bezitramide.
  • (5) Bulk dextropropoxyphene (nondosage forms).
  • (6) Dihydrocodeine.
  • (7) Diphenoxylate.
  • (8) Fentanyl.
  • (9) Isomethadone.
  • (10) Levoalphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM. This substance is authorized for the treatment of narcotic addicts under federal law (see Part 291 (commencing with Section 291.501) and Part 1308 (commencing with Section 1308.01) of Title 21 of the Code of Federal Regulations).
  • (11) Levomethorphan.
  • (12) Levorphanol.
  • (13) Metazocine.
  • (14) Methadone.
  • (15) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane.
  • (16) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid.
  • (17) Pethidine (meperidine).
  • (18) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.
  • (19) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.
  • (20) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid.
  • (21) Phenazocine.
  • (22) Piminodine.
  • (23) Racemethorphan.
  • (24) Racemorphan.
  • (25) Sufentanyl.

(d) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

  • (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.
  • (2) Methamphetamine, its salts, isomers, and salts of its isomers.
  • (3) Dimethylamphetamine (N,N-dimethylamphetamine), its salts, isomers, and salts of its isomers.
  • (4) N-Ethylmethamphetamine (N-ethyl, N-methylamphetamine), its salts, isomers, and salts of its isomers.
  • (5) Phenmetrazine and its salts.
  • (6) Methylphenidate.
  • (7) Khat, which includes all parts of the plant classified botanically as Catha Edulis, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts.
  • (8) Cathinone (also known as alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone).

(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

  • (1) Amobarbital.
  • (2) Pentobarbital.
  • (3) Phencyclidines, including the following:(4) Secobarbital.
    • (A) 1-(1-phenylcyclohexyl) piperidine (PCP).
    • (B) 1-(1-phenylcyclohexyl) morpholine (PCM).
    • (C) Any analog of phencyclidine which is added by the Attorney General by regulation pursuant to this paragraph.    The Attorney General, or his or her designee, may, by rule or regulation, add additional analogs of phencyclidine to those enumerated in this paragraph after notice, posting, and hearing pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The Attorney General shall, in the calendar year of the regular session of the Legislature in which the rule or regulation is adopted, submit a draft of a proposed bill to each house of the Legislature which would incorporate the analogs into this code. No rule or regulation shall remain in effect beyond January 1 after the calendar year of the regular session in which the draft of the proposed bill is submitted to each house. However, if the draft of the proposed bill is submitted during a recess of the Legislature exceeding 45 calendar days, the rule or regulation shall be effective until January 1 after the next calendar year.
  • (5) Glutethimide.

(f) Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:

  • (1) Immediate precursor to amphetamine and methamphetamine:
    • (A) Phenylacetone. Some trade or other names: phenyl-2 propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.
  • (2) Immediate precursors to phencyclidine (PCP):
    • (A) 1-phenylcyclohexylamine.
    • (B) 1-piperidinocyclohexane carbonitrile (PCC).

11056. (a) The controlled substances listed in this section are included in Schedule III.

(b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of those isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

  • (1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under Section 1308.32 of Title 21 of the Code of Federal Regulations, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances.
  • (2) Benzphetamine.
  • (3) Chlorphentermine.
  • (4) Clortermine.
  • (5) Mazindol.
  • (6) Phendimetrazine.

(c) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

  • (1) Any compound, mixture, or preparation containing any of the following:
    • (A) Amobarbital
    • (B) Secobarbital
    • (C) Pentobarbital or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule.
  • (2) Any suppository dosage form containing any of the following:(3) Any substance which contains any quantity of a derivative of barbituric acid or any salt thereof.
    • (A) Amobarbital
    • (B) Secobarbital
    • (C) Pentobarbital or any salt of any of these drugs and approved by the federal Food and Drug Administration for marketing only as a suppository.
  • (4) Chlorhexadol.
  • (5) Lysergic acid.
  • (6) Lysergic acid amide.
  • (7) Methyprylon.
  • (8) Sulfondiethylmethane.
  • (9) Sulfonethylmethane.
  • (10) Sulfonmethane.
  • (11) Gamma hydroxybutyric acid, and its salts, isomers and salts of isomers, contained in a drug product for which an application has been approved under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355).

(d) Nalorphine.

(e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:

  • (1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.
  • (2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
  • (3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.
  • (4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts. Additionally, oral liquid preparations of dihydrocodeinone containing the above specified amounts may not contain as its nonnarcotic ingredients two or more antihistamines in combination with each other.
  • (5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.
  • (6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
  • (7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
  • (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(f) Anabolic steroids and chorionic gonadotropin. Any material, compound, mixture, or preparation containing chorionic gonadotropin or an anabolic steroid (excluding anabolic steroid products listed in the “Table of Exempt Anabolic Steroid Products” (Section 1308.34 of Title 21 of the Code of Federal Regulations), as exempt from the federal Controlled Substances Act (Section 801 and following of Title 21 of the United States Code)), including, but not limited to, the following:

  • (1) Androisoxazole.
  • (2) Androstenediol.
  • (3) Bolandiol.
  • (4) Bolasterone.
  • (5) Boldenone.
  • (6) Chlormethandienone.
  • (7) Clostebol.
  • (8) Dihydromesterone.
  • (9) Ethylestrenol.
  • (10) Fluoxymesterone.
  • (11) Formyldienolone.
  • (12) 4-Hydroxy-19-nortestosterone.
  • (13) Mesterolone.
  • (14) Methandriol.
  • (15) Methandrostenolone.
  • (16) Methenolone.
  • (17) 17-Methyltestosterone.
  • (18) Methyltrienolone.
  • (19) Nandrolone.
  • (20) Norbolethone.
  • (21) Norethandrolone.
  • (22) Normethandrolone.
  • (23) Oxandrolone.
  • (24) Oxymestrone.
  • (25) Oxymetholone.
  • (26) Quinbolone.
  • (27) Stanolone.
  • (28) Stanozolol.
  • (29) Stenbolone.
  • (30) Testosterone.
  • (31) Trenbolone.
  • (32) Chorionic Gonadotropin (HGC).

(g) Ketamine. Any material, compound, mixture, or preparation containing ketamine.

(h) Hallucinogenic substances. Any of the following hallucinogenic substances: dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the federal Food and Drug Administration.

11057. (a) The controlled substances listed in this section are included in Schedule IV.

(b) Schedule IV shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.

(c) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:

  • (1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
  • (2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane).
  • (3) Butorphanol.

(d) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

  • (1) Alprazolam.
  • (2) Barbital.
  • (3) Chloral betaine.
  • (4) Chloral hydrate.
  • (5) Chlordiazepoxide.
  • (6) Clobazam.
  • (7) Clonazepam.
  • (8) Clorazepate.
  • (9) Diazepam.
  • (10) Estazolam.
  • (11) Ethchlorvynol.
  • (12) Ethinamate.
  • (13) Flunitrazepam.
  • (14) Flurazepam.
  • (15) Halazepam.
  • (16) Lorazepam.
  • (17) Mebutamate.
  • (18) Meprobamate.
  • (19) Methohexital.
  • (20) Methylphenobarbital (Mephobarbital).
  • (21) Midazolam.
  • (22) Nitrazepam.
  • (23) Oxazepam.
  • (24) Paraldehyde.
  • (25) Petrichoral.
  • (26) Phenobarbital.
  • (27) Prazepam.
  • (28) Quazepam.
  • (29) Temazepam.
  • (30) Triazolam.
  • (31) Zaleplon.
  • (32) Zolpidem.

(e) Fenfluramine. Any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), and salts of those isomers, whenever the existence of those salts, isomers, and salts of isomers is possible:

  • (1) Fenfluramine.

(f) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of those isomers is possible within the specific chemical designation:

  • (1) Diethylpropion.
  • (2) Mazindol.
  • (3) Modafinil.
  • (4) Phentermine.
  • (5) Pemoline (including organometallic complexes and chelates thereof).
  • (6) Pipradrol.
  • (7) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
  • (8) Cathine ((+)-norpseudoephedrine).

(g) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of pentazocine, including its salts.

11058. (a) The controlled substances listed in this section are included in Schedule V.

(b) Schedule V shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.

(c) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:

  • (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
  • (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.
  • (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.
  • (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.
  • (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
  • (6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

(d) Buprenorphine.

This list is current as of October 13, 2013, and is subject to change.  The legislature may add  drugs to this list as they are discovered (likely) or subtract drugs from this list as they are legalized (not so likely).

“Ariel Pink’s Haunted Graffiti settle $1 million lawsuit with former drummer”

Ariel Pink’s Haunted Graffiti settle $1 million lawsuit with former drummer

BY LUKE MORGAN BRITTON, 17 SEPTEMBER 2013, 10:06 BST

arielpinkshauntedgraffiti-newphoto1

Last year, the former drummer of avant-garders Ariel Pink’s Haunted Graffiti sued the band for $1 million, claiming that he had been ”squeezed out” of an “oral partnership” established in 2008. Now, it seems everything has been settled.

As Pitchfork report, Aaron Sperske claimed he was ”entitled to profits from royalties and future shows” after co-writing songs from their album Mature Themes.

It’s now been revealed that a confidential settlement has been agreed. “We are very pleased with the results of this case, and that it has been settled to the satisfaction of all of the parties,” said Pink’s attorney Dan Kapelovitz. “Ariel Pink and the other musicians can now focus on creating music instead of defending a federal lawsuit.”

Meanwhile, Ariel Pink is set to soundtrack a psychedelic werewolf movie calledBad Vibes. Yes, really.

Press Release: “Settlement Reached in Ariel Pink’s Haunted Graffiti Lawsuit”

FOR IMMEDIATE RELEASE

Settlement Reached in Ariel Pink’s Haunted Graffiti Lawsuit

Ariel Pink announces that a settlement has been reached in the case entitled Aaron Sperske v. Ariel Rosenberg a/k/a Ariel Pink, et al. The dismissal of the lawsuit ends more than a year of litigation.

On August 15, 2012, Aaron Sperske, a former drummer of Ariel Pink’s Haunted Graffiti, filed a lawsuit against the band and individual musicians Ariel Pink, Tim Koh, and Kenny Gilmore. The Complaint alleged that the band members expelled Sperske from the band in violation of a purported “oral partnership” agreement.  Sperske sought future band revenues and a million dollars in punitive damages.

After the defendants defeated Sperske’s Motion for Summary Judgment, and the Court vacated a default judgment it had previously issued against the band, the parties amicably agreed to settle the case. The terms of the settlement are confidential. (Read the Court’s Order here.)

“We are very pleased with the results of this case, and that it has been settled to the satisfaction of all of the parties,” said attorney Dan Kapelovitz who, along with attorney Steven Derelian, was specifically brought into the case by Pink to settle the matter. “Ariel Pink and the other musicians can now focus on creating music instead of defending a federal lawsuit.”

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For more information, use this contact form or call (323) 782-9626.

Forbes: “How a Porn Magazine Editor Became a Criminal Law Attorney”

How A Porn Magazine Editor Became A Criminal Law Attorney

by Susannah Breslin

When I met Dan Kapelovitz years ago, he was an editor for Hustler magazine. Recently, he reached out to me on LinkedIn, and I noticed he’d become a criminal law attorney. How does one go from editing an adult magazine to practicing law?

Kapelovitz explains.

How did you get into the adult magazine business?

A friend of mine from college was the Features Editor of Hustler Magazine. He bought a few articles from me, and when he resigned, I was offered the job. Interestingly, we sent him to Afghanistan for six months to cover the war when Larry Flynt was suing the Pentagon for the right to embed reporters with the military.

What was the job like?

The job was great. Because the magazine’s readers are primarily interested in the pictorials, we could write about whatever interested us. We wrote about alien sex cults, politics, music, the porn industry, the Barbi Twins, and much more. Two of the highlights were winning the Project Censored Award for a story on depleted uranium, and getting to interview Anna Nicole Smith right after she directed a photo shoot for the magazine. That gives you a pretty good idea of the diverse subject matter we covered. People are surprised to learn that the atmosphere at the Hustler headquarters is very corporate. There’s a strict dress code, and we were only allowed to dress casually on pay-day Fridays, so only one day every two weeks.

What was working for Flynt like?

Larry Flynt is much more hands-on than most people might imagine. He comes to work every day, and approves all of the pictorials, all of the covers, and even all of the cartoons. The articles were the only part of the magazine that we didn’t have to run by Larry. I only met Larry a couple of times. I interviewed him once for the magazine. He held a meeting with all of the editors to explain why he fired Allan MacDonell, the Editorial Director. Soon after, Allan — who is a comic genius — wrote an instant classic on his experiences at the magazine called Prisoner of X: 20 Years in the Hole at Hustler Magazine.

I was surprised to find you’ve since become a criminal law attorney. Why did you become a lawyer?

When I left Hustler, I worked as a freelance journalist for a year. As a freelancer, you spend more time pitching ideas to editors and trying to collect money from deadbeat publishers than actually researching and writing articles, so it was time to move on. At Hustler, I wrote a lot about criminal law, and each month, I would speak to our attorneys about any legal issues raised by that month’s magazine, which I always enjoyed. I have always been interested in law, but I swore I’d never go back to school. It turned out that I loved law school. And the writing and editing training I received at Hustler was extremely helpful. However, having Hustler on my résumé wasn’t always appreciated by legal employers.

What sort of work do you do?

I do criminal trials now, which is a million times more exciting than working at a law firm sitting behind a computer all day or reviewing a room full of documents. I spent my first summer during law school working for two legal legends on the opposite sides of criminal law. Half of the summer, I did criminal defense work for Art Goldberg of the Working People’s Law Center. He was one of the leaders of the Free Speech Movement at Berkeley in the 1960s. He was denied his law license at first because he had been arrested so many times during protests. And for the other half of the summer, I worked for Bob Ferber who created and ran the Animal Protection Unit, the first of its kind in the nation.

Then, my second summer in law school, I made the worst decision of my legal career. I turned down a job with the Public Defender, and took a job with a corporate law firm. After law school, I went back to work for the corporate law firm, and it was by far the worst year of my life. If any law student out there is thinking of working for a big law firm, please contact me so I can try to talk you out of it. Fortunately, I was able to land a job as a judicial law clerk to a federal judge, which is probably the best job one can get at the beginning of a legal career. I’m probably the only person on Earth who has worked for both Larry Flynt and a federal judge.

During my clerkship, I took a trial advocacy program at night, which qualified me to try misdemeanor cases for the Los Angeles City Attorney, an incredible experience. Now, I’m doing criminal defense work, which is why I went to law school in the first place. It’s a great feeling to fight for people who may have never had anyone fight for them before. These people are often either completely innocent or are facing prison sentences that are greatly disproportionate to the crimes alleged. I’m in the process of opening my own law firm called the Radical Law Center, which focuses on criminal defense. I also plan on doing some animal rights legal work. I’d also love to defend appropriation artists and filmmakers who are falsely accused of copyright infringement. In fact, I recently completed a film called “Triple Fisher: The Lethal Lolitas of Long Island,” in which I splice together the three made-for-TV movies based on the Amy Fisher story. The film is basically a cinematic law review article on copyright law’s Fair Use doctrine.

What’s the difference between being a porn magazine editor and being a criminal law attorney?

Not much. As I noted before, the dress code is pretty much the same. And in both jobs, you spend hours and hours researching and writing something that very few people are going to actually read. I guess one difference is that, in our society, lawyers are treated with a little bit more respect than porn magazine editors — but only a little.

Photo credit: Jimmy Lee Wirt.

http://www.forbes.com/sites/susannahbreslin/2013/04/17/porn-attorney/