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Author: Subject: Home labs and the law, precautions you can take
jsc
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[*] posted on 19-11-2011 at 19:35
Home labs and the law, precautions you can take


Despite the Feds labeling common chemicals like nitric acid as "drug precursors", there have been very few raids of amateur chemists either at the federal or local level. The best known incident in the US was in 2008 when a fire department in Marlboro Massachusetts ended up raiding the house of Victor Deeb after they found a large lab and reagant stock in his basement when responding to a smoking air conditioner in an upstairs bedroom. Deeb was not charged with any crime but his entire lab was seized and thrown away.

The only case I could find of an amateur chemist actually being arrested on suspicion was in Canada. In the US all arrests were either of bonafide meth makers or in a few cases when an amateur chemist caused a large explosion or fire.

So, basically what this means is if you are an amateur chemist is that you are pretty safe from the law. Nevertheless, a few precautions are worth taking:

1) keep your stock in cabinets or boxes, locked if possible

2) keep your notes in a safe, not easily found, place (Deeb lost all his lab notes), and make copies

3) sewers are sometimes monitored, don't dump stuff that could cause an alarm down the drain, like mercury or chromium

4) be forthright with suppliers, let them know what you are doing; otherwise they might get suspicious and rat you out; (for example, I wanted to get a significant quantity of iodine; I explained to my supplier, a major chemical distributor, that it was for manufacturing a small quantity of metallurgical analysis kits, I offered to fax them the plans for the kit, I had no problem) Note: the guy in Canada got arrested because a supplier ratted him out.

5) Don't let rumors get started about your lab. Don't show people in or have equipment in view through a street facing window.

6) Don't make noxious emissions that could annoy neighbors.

7) Make sure all your chemicals are labeled and stored in a reasonable way. Unlabeled containers with hazmats in them are a no-no.

8) If you have any hot button chemicals (e.g. phosphorus, mercury, direct organic precursors), hide them inside an unlikely object, like a TV. Nobody is going to take apart an old TV to look for your mercury. Don't hide stuff in "food" containers, cops know about that tactic.

9) Don't stockpile enough stuff that it could act as fuel for a fire or explosion. Don't put chemicals in proximity to materials that could act as a fuel.

10) Be cautious of sealed containers. Do not put waste or potentially contaminated materials in a screw-topped bottle.

Happy cooking!


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Panache
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[*] posted on 19-11-2011 at 22:24


Happy cooking? I think the culinary delights forum link on your browser is expired.



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Endimion17
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[*] posted on 20-11-2011 at 03:54


Quote: Originally posted by jsc  
...hide them inside an unlikely object, like a TV. Nobody is going to take apart an old TV to look for your mercury...


Well not anymore, obviously. :D




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edgecase
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[*] posted on 22-11-2011 at 19:37


So, what laws *do* pertain to home labs in Canada? I know there is Transportation of Dangerous Goods, Canada Environmental protection, Precursors and restricted drugs (Health Canada), Explosives Act... what does the fire marshal have? How about TSSA? CSA?
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jsc
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[*] posted on 23-11-2011 at 11:53


Special Note on Texas: The state of Texas technically makes it illegal to own laboratory glassware without a permit. Getting the permit involves having your premises inspected by a cop and includes the possibility of your involuntary "consent" to warrantless searches.

I was unable to find any examples of amateur chemists arrested or charged under this law. Until there are examples of such arrests I would recommend NOT getting a permit in Texas because you are probably putting yourself more at risk by inviting an inspection.
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edgecase
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[*] posted on 23-11-2011 at 19:03


Another aspect I thought of today, there has to be some law regulating chemical weapons, I think the key phrase is "dual use", which is a precursor to a chemical weapon, which is also a precursor to a non-weapon chemical. Say something that can be used to make either yo-yo polish or VX nerve gas.

I was actually surprised that the Canada Explosives Act actually has an exemption for any person to make a restricted component "in limited quantities and not for practical use, without a permit... must also follow all other requirements (except for permit)" which sounds pretty open ended. Of course someone enforcing that could just decided that your hair dye peroxide violates it. So it may be legal to make say, (dilute?) nitric acid for qualitative analysis of metal ions, at least that's my interpretation.
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edgecase
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[*] posted on 24-11-2011 at 08:52


So, all organic chemistry in Canada and perhaps all members of the Chemical Weapon Convention, must be reported?

# Chemical Weapons Convention Implementation Act - S.C. 1995, c. 25 (Section 11)

Information and documents

11. Every person who does anything under an authorization referred to in section 8 or who produces, possesses, consumes, exports or imports a toxic chemical or precursor listed in Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention or who produces, exports or imports a toxic chemical or precursor listed in Schedule 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention or who produces a *** discrete organic chemical *** or who holds a riot control agent for riot control purposes shall

(a) provide the prescribed information, at the prescribed time and in the prescribed form, to the National Authority or to such other portion of the federal public administration as the Minister may by order authorize to collect the information; and
[...]

# Chemical Weapons Convention Implementation Act - S.C. 1995, c. 25 ()

[...]

4. “Discrete Organic Chemical” means any chemical belonging to the class of chemical compounds consisting of all compounds of carbon except for its oxides, sulfides and metal carbonates, identifiable by chemical name, by structural formula, if known, and by Chemical Abstracts Service registry number, if assigned.

[...]
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[*] posted on 24-11-2011 at 12:43


Quote: Originally posted by Panache  
Happy cooking? I think the culinary delights forum link on your browser is expired.

What's the problem with cooking? The synthetic chemists I know IRL affectionately call their profession "cooking" if they use solvents. And they definitely know what they're doing. Those working without solvents often tell me that they are currently "baking" something in their "pizza oven".
So...?

Edit: "shake and bake" is even commonly used in the literature: http://www.google.com/search?q=shake+and+bake+superconductor




[Edited on 24-11-2011 by turd]
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fledarmus
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[*] posted on 25-11-2011 at 09:31


One other thing that may be important in home labs that is not usually an issue in academic or industrial labs, is to make sure that your lab space and especially lab chemicals are NOT stored in such a way that they can be accessed without your knowledge and consent. Just like storing guns - if an adult can walk into your house, accidentally find a loaded gun and blow his head off, the charges you could face would be bad enough, and if a kid could do it, the charges are much worse.
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