DEA raids legit business, steals everything

Mark Niemoeller’s business, JLF Poisonous Non-consumables, sells legal plants and chemicals. But in September, after someone allegedly died after consuming one of his products, almost all of his stock was seized and he was charged with selling illegal substances. Many of the products that JLF sells are legal psychoactives and some of them are analogues of federally scheduled drugs. But the Federal Analogue Act states that the analogue law does not apply to “any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.” Some of the chemicals, such as DXM (the main ingredient in cough syrup), clearly don’t fall under the federal analogue act. In addition to most of Niemoeller’s stock the DEA seized his computers, his truck, and froze his $750,000 bank account so that he can’t even pay his lawyer.

Alternet: The Strange Case of Mark Niemoeller


  1. The Federal Analogue Act is not the only legal issue in Niemoeller’s case. Most of the counts in the indictment against him are actually for violation of FDA regulations. While the DEA may have had a big part in the investigation of Niemoeller, most of the criminal charges against him regard the sale of “misbranded” prescription drugs.

    It’s all in my article. Read it again.

    –Travis Dunn

  2. Yes, he’s being charged with more than the Federal analogue act violation, and I should have addressed this in my write-up. The main reason that I focused on the analogue act is because I know that Niemoeller did not violate the Federal Analogue act by selling 2CT7, 5-MEO-DMT, or any of the other products that he sells.

    The story says that a condition of Niemoeller’s bail was that he not sell 2C-T-2, Brazilian sassafras oil, 5-MeO-DMT, 5-MeO- DIPT, the skins of bufo marinus toads, tramadol, benzylpiperazine, L- tryptophan and betel nuts. The rationale for this probably comes from the federal analogue act (it’s also worth noting that benzylpiperazine is not a federally scheduled substance nor is it an analogue of a federally scheduled substance). So I think the emphasis of the case is on the analogues.

    But while we’re on the subject of the alleged pharmies… I don’t think that L-DOPA and the other drugs that he’s being charged with distributing are federally scheduled as prescriptions only (but I don?t know that for sure). And like he says, there are other companies that sell these products to people without prescriptions. There are in fact other companies that sell all the products that he sells: usually in much larger quantities. If the DEA and FDA were really concerned about the sale of these substances they would be going after Niemoeller’s suppliers. But it would be much more difficult to challenge a lot of larger companies than to challenge one sole-proprietorship.

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