In March 2011, the federal Drug Enforcement Administration (DEA) announced that it would exercise its emergency scheduling authority to ban products known as "fake pot." Products such as K2, Blaze, Red X Dawn, and Spice immediately became illegal to possess and sell under federal law. And, not surprisingly, states soon began to follow suit and pass state laws banning the product. At the end of the summer, 30 states, including Virginia, Alabama and Nebraska had enacted anti-synthetic cannabinoid laws and 11 other states, including California, had pending Spice legislation.
The push to ban Spice-an herbal incense product that produces the effects of real marijuana when smoked or consumed-was brought on by a number of factors. The product is allegedly known to carry dangerous side effects like disorientation, psychosis, elevated heart rates and increased blood pressure. The rise in calls in 2001 across 49 states to the American Association of Poison Control Centers (AAPCC) is also a contributing factor.
However, others aren't so convinced it poses any real danger or should be regulated or banned. Dan Francis, executive director of The Retail Compliance Association, told ABC news that the side effects from these products are grossly exaggerated and simply produce similar feel-good sensations as biting into a peanut butter and jelly sandwich. Additionally, he says, they are not nearly as dangerous as food allergies that, peanuts for example, produce.
Specifics of the New California Law
Under existing California law, the sale or distribution of any specified intoxicating substance is a crime. State Senator Ed Hernandez, introduced Senate Bill 420 (S 420) earlier this year to address the issue of synthetic cannabis use. Not to be confused with the bill of similar number which in 2003 legalized medical marijuana in the state, the current SB 420 amends the California Uniform Controlled Substances Act by defining the possession of more than 28.5 grams of synthetic marijuana a misdemeanor and make the sell distribution, administration of fake pot or any derivative a misdemeanor.
In August, SB 420 had passed the Assembly and the Senate by overwhelming majorities. And, on October 3, 2011, Gov. Jerry Brown signed it into law.
Individuals facing charges under this new law are encouraged to contact an experienced San Jose drug charge attorney.
