K-2, Spice and other synthetic marijuana are banned by the DEA

Tue, 15 March, 2011

As of March 1, 2011, the DEA has banned five chemicals used to make synthetic marijuana or “fake pot”. Herbal incense products sold under brand names such as ‘Spice’ and ‘K-2′ are now considered Schedule I controlled substances, and will remain at a Schedule I classification for 12 months, with the possiblity of a 6 month extension. The DEA exercised its emergency scheduling authority in response to the increased number of emergency room visits caused by the products, especially in young people. The DEA reports that the American Association of Poison Control Centers has recieved more than 1,500 calls about the products nationwide. The products were often sold as incense instead of being marketed as legal marijuana alternatives. Based on their effects and inadequate safety information, the DEA determined the products pose an imminent threat to the public. Convulsions, elevated heart rates, anxiety attacks, and disorientation are some of the physical effects of the product that can require hospitalization. Possession, use, and distribution of the synthetic marijuana products will all be considered illegal pending further investigation by the United States Department of Health and Human Services. In addition to the lack of safety information about health risks, no oversight exists for the manufacturing process of the product (1).

Colorado has introduced legislation that would make the products illegal at the State level as well. Sixteen states have already banned the products, and Colorado would include herbal product salvia in the ban. Senator Mike Kopp (R-Littleton) is carrying a bill that defines ‘synthetic cannaboids’, and proposes their addition to Colorado’s list of Schedule I controlled substances starting July 1, 2011. See Colorado SB 11-134. Synthetic marijuana law. (2). If passed, the law would appropriate upwards of $300,000 from the Colorado Genral Fund in judicial and correctional costs (3).

1. DEA Public Affairs News Release, “Chemicals Used in “Spice” and “K2″ Type Products Now Under Federal Control and Regulation”. March 1, 2011. www.justice.gov/dea/pubs/pressrel/pr030111p.html (accessed 3/11/2011)
2. State of Colorado General Assembly, SB11-134 “Concerning the Addition of Certain Drugs to the Statutory List of Schedule I Controlled Substances”.
3. Colorado Legislative Council Staff, “State and Local Fiscal Impact Concerning the Addition of Certain Drugs to the Statutory LIst of Schedule I Controlled Substances”. Drafting Number: LLS 11-0012. Drafted March 7, 2011. Fiscal Analyst: Jessika Shipley.