Thursday, December 29, 2011

Synthetic Marijuana: Will the law ever catch up to science?


We have reached a point in our "war on drugs" where the laws fail to keep pace with the science behind designing and concealing these drugs.  That seems like a very emphatic statement from a guy who has no degree in science.  However, a story I discovered by the Washington Post has helped me reach this conclusion.  The article outlines how illegal drug chemists have successfully thwarted prosecution by using chemicals not on the drug schedule list set by the Drug Enforcement Agency to manufacture drugs like "spice".

The National Institute on Drug Abuse has this to say about "spice":
“Spice” is used to describe a diverse family of herbal mixtures marketed under many names, including K2, fake marijuana, Yucatan Fire, Skunk, Moon Rocks, and others. These products contain dried, shredded plant material and presumably, chemical additives that are responsible for their psychoactive (mind-altering) effects. Spice mixtures are sold in many countries in head shops, gas stations, and via the Internet, although their sale and use are illegal throughout most European countries. Easy access has likely contributed to Spice’s popularity. While Spice products are labeled “not for human consumption,” they are marketed to people who are interested in herbal alternatives to marijuana (cannabis).
The chemicals used to make "spice" and are of concern to the DEA are CP 47,497 and homologues,HU-210JWH-018, and JWH-073.  One chemical which should have caught your eye is HU-210.  It was recently listed in the Targeting Transnational Drug Trafficking Act of 2011 which prohibits "the manufacture or distribution of a controlled substance in schedule I or II or flunitrazepam by individuals having reasonable cause to believe that such substance will be unlawfully imported into the United States or into waters within 12 miles of the U.S. coast. Prohibits the manufacture or distribution of a listed chemical: (1) intending or knowing that it will be used to manufacture a controlled substance; and (2) intending, knowing, or having reasonable cause to believe that the substance will be unlawfully imported into the United States." This is important to note because chemists have gotten smarter and realized they no longer need HU-210 or any of the other compounds to have similar effects.

Due to the ever-changing illicit drug landscape, Senate bill 1612 (Targeting Transnational Drug Trafficking Act of 2011) was drafted.  It would help federal prosecutors charge those who imported or made chemicals used for the explicit purpose of making these compounds.  According to the summary text of the bill,

"Makes it sufficient to prove a conspiracy to commit an offense that requires the person to intend, know, or have reasonable cause to believe that a controlled substance will be unlawfully imported into the United States if only one member of the conspiracy had such intention, knowledge, or reasonable cause to believe."

However, as the Post article demonstrates, there are problems within states who do not have similar laws. Many states use archaic laws which specifically identify the drug and its current chemical makeup. They often fail to take into account how many times drugs like "spice" can be illegal one moment and legal the next due to the countless ways to make the drug without using any banned compounds. This is what gives these drugs their current demand among users who want to be able to purchase the drug "legally" without fear of prosecution. Another problem for some jurisdictions is testing. If you're testing for a group of compounds but the ingredients have changed or are masked, it could make reaching definitive conclusions about test results more difficult or near impossible.

When I was a security officer inside a housing area, I came across several young people who used synthetic marijuana they claimed was for "aroma-therapy". They claimed because this "legal weed" was "legal" because it only contained the scent of marijuana and not the compounds. I did my research and found that to be true as long as that was all there was to it. However, "spice" is known to have a similar scent as these "aroma-therapy" agents. Coincidentally, you can purchase these products online or in "head shops" around the country.

Aromatherapy "legal weed" on display at a storefront in Mississippi

The only way we can proactively combat this trend is to work on solving its underlying societal and individual causes for demand.  By simply eliminating supply or reducing it, you do nothing but increase its demand and value.  I'm not saying legalize it.  However, I believe until we mitigate how we as a society have failed to provide our children with enough intellectually and emotionally satisfying stimulants (i.e. loving homes, forward-thinking academics, community involvement, etc.), we will always be "behind the curve" in this "war".

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