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K2 synthetic pot may already be
illegal in Indiana
May 26, 2010 - wsbt.com
SOUTH BEND — A potential "game changer" emerged late Wednesday in St.
Joseph County's new fight against synthetic marijuana. Local leaders
say the herbal incense known as K2, Spice, Mr. Smiley or Mr. Dutch may
already be illegal.
K2 is sold legally in gas stations and convenience stores across the
area. South Bend Police have identified at least 11 stores selling the
product in the city. Elkhart Police have identified at least 10 stores
doing the same.
The leafy green substance looks like marijuana, but in Indiana and
Michigan, it's marketed as a "legal herbal incense." Police say a
growing number of teens are also smoking it to get high.
If it is smoked, it becomes a sort of “synthetic pot,” mimicking
marijuana’s high, only more potent and dangerous. Police say it’s
becoming especially popular among teenagers.
The substance has already been outlawed in several countries and at
least eight states, including Kansas, Kentucky, Illinois, Georgia,
Missouri, Tennessee, Utah, and North Dakota.
But, in Indiana and Michigan, it remains legal, completely unregulated,
and widely available under a myriad of names. Among them: K2, Spice,
Mr. Smiley, Mr. Smiley Face, Orange Dragon Smoke, Black Mamba, Genie,
Blaze, Red X Dawn and Zohai.
But, late Wednesday, flanked by an army of city, county, state and
local law enforcement leaders, St. Joseph County Prosecutor Michael
Dvorak said it's possible K2 isn't actually legal in Indiana at all.
"We do not need to wait for a legislative fix in Indianapolis and I
don't think our local legislative bodies need to pass any new
ordinances. Indiana law already provides for us to have the ability to
prosecute and attack this problem as a concerted law enforcement
effort," Dvorak said.
Dvorak cites Indiana's Controlled Substance Analog Act, passed by state
lawmakers in 2003. Under the act, any substance that mimics the effects
of an already illegal drug--like marijuana--can also be classified as
illegal.
Click here to read the text of Indiana's Controlled Substance Act.
"The assumption has always been made that this is a legal substance
that's legal to sell. And, simply put, we don't know that that's true,"
said State Representative Ryan Dvorak (D-South Bend).
"Detailed testing has not been performed on this substance in Indiana,
but when it's been performed on similar products by federal authorities
and authorities in other jurisdictions, it's often been found to
contain chemicals that are listed as schedule one controlled
substances, meaning they're definitely illegal," Dvorak continued.
If that's also the case here in Indiana, Prosecutor Dvorak says
criminal cases would be cut and dry. But, even if it's not, the
chemicals in K2 may still be illegal.
Testing is now underway at the Indiana State Police lab on samples of
K2 taken from gas stations and convenience stores in St. Joseph County.
"If [those] tests come back that it is a schedule one controlled
substance or schedule two controlled substance or an analog of those
controlled substances, and we can prove that it has hallucinogenic
effects, we're going to be able to prosecute," Dvorak said.
Anyone convicted under the Controlled Substance Analog Act would face
the same class A or Class B felony possession or distribution charges
as they would if they'd been caught with the actual drug.
It's particularly important for that testing to be expedited, Dvorak
said, because the dangers of K2 are beginning to surface here in St.
Joseph County.
"We were dispatched to a call on Friday evening at approximately 8pm
involving a 911 hangup. Upon responding to that call, our officers
found three teenage boys inside a home all alone. One of the teenage
boys was lethargic, couldn't respond, and couldn't answer questions
given to him by the officers," said St. Joseph County Police Sergeant
William Redman.
"At the time the officers arrived, his heart rate was 180 beats per
minute. For a 15 year old, the standard heart rate should be about
60-80 beats per minute. It was later found out that he had admittedly
smoked K2 prior to our arrival," Redman continued.
Indiana's Poison Control Center reports 38 other similar cases of
suspected K2 related complications already this year. A recent USA
Today investigation found 352 K2 related medical cases in 35 states.
Among the problems reported to Indiana's Poison Center over the last 18
months:
This week, local leaders in South Bend and Elkhart called for store
owners to voluntarily remove the product from their shelves. On
Wednesday morning, the Always Open convenience store at Lincolnway West
and LaSalle Avenue agreed to comply.
"Some of our kids and minors are buying it, and that's the only reason
I'm doing it," said store owner Goldy Singh. "I'm just trying to help
out the community."
Elkhart police checked 20 convenience stores at random. Five stores in
Elkhart have also voluntarily removed K2 from their shelves. Five
others have refused, and 10 stores never sold the product.
"We're so appreciative of this owner for taking the initiative to
[remove the product]. I'm very, very confident that the pressure we
apply on other owners will make them follow suit," said South Bend
Health and Public Safety Committee Chair Karen White, standing outside
the store Wednesday morning.
In case they don't, police are contacting store owners directly, giving
them a letter from Dvorak and 30 days to pull the product from their
shelves.
Click here to read the letter sent to retailers by Prosecutor Michael
Dvorak.
"We're going to give them an opportunity to stop selling it. If they
don't stop selling, we're going to investigate. We'll then take that
case up to the prosecutor's office for prosecution. And, that's what
we've been waiting for," said South Bend Police Lieutenant David Ryans,
of the city's Street Crimes Unit and Metro Special Operations Section.
"We're giving them fair warning, and then we'll send people in to make
buys from them. It's going to be that simple. If they continue to sell,
they'll be prosecuted," Ryans said.
"We're letting retail merchants know that they're not going to have a
free ticket to sell this stuff," Rep. Dvorak added.
"We will--and I repeat that--we will aggressively attack this problem,"
said South Bend Police Chief Darryl Boykins. "And hopefully, it will
solve it."
Testing is now underway at the Indiana State Police lab on samples of K2 taken from gas stations and convenience stores in St. Joseph County.
"If [those] tests come back that it is a schedule one controlled substance or schedule two controlled substance or an analog of those controlled substances, and we can prove that it has hallucinogenic effects, we're going to be able to prosecute," Dvorak said.
Everyone in this article sounded really stupid. If state law says something is illegal because it mimics effects of an illegal drug how does no one seem to know for sure if it works. You would think at least the politicians would know how the law is written and be able to give a definitive answer.
I still see a lot of it in Gas Stations around the Michigan City and LaPorte County Area...fairly cheap too. Anywhere from 15-20 bucks for what they'd charge more than double online. I personally haven't purchased any, because I enjoy the REAL thing just fine.
-------------------- Cooooooookies! Chomp Chomp Chewey Chomp!!! This program has been brought to you by dirt. Dirt...it's been around so long it's considered to be older than...wait a minute...
I need to further investigate these matters if I can find a gas station selling it anymore, but really what do you expect from a state that doesn't allow alcohol sales on Sundays.
Quote: ragefanjr said: I still see a lot of it in Gas Stations around the Michigan City and LaPorte County Area...fairly cheap too. Anywhere from 15-20 bucks for what they'd charge more than double online. I personally haven't purchased any, because I enjoy the REAL thing just fine.
It's harming less people than alcohol does, yet they don't care about that.
Fucking idiots. Lets make everything illegal and arrest everyone for everything.
Fuck the police and fuck politicians who want to control people.
K2 and spice is some shitty stuff, but it should be a persons choice to take want they want to.
I'm happy with my weed. Apparently I'm funding terrorist and rape or something like that according to the government. Let me grow it myself. Oh can't do that either, I'll go to jail forever for manufacturing. They create their own problems with the drug, not the other way around.
"I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do." -Robert A. Heinlein
"There is no need for temples, no need for complicated philosophies. My brain and my heart are my temples; my philosophy is kindness."-Dalai Lama
Testing is now underway at the Indiana State Police lab on samples of K2 taken from gas stations and convenience stores in St. Joseph County.
"If [those] tests come back that it is a schedule one controlled substance or schedule two controlled substance or an analog of those controlled substances, and we can prove that it has hallucinogenic effects, we're going to be able to prosecute," Dvorak said.
yeah, it's COMMON KNOWLEDGE* that they don't contain analogs of any controlled substances. Sorry guys, guess you can't prosecute. You get to be a hero though, just make a law banning it!
it would like to see Indiana prosecute someone for a substance that has "similar effects" but structurally i dont think jwh-018 and thc are close at all.
Ryan Dvorak probably is on the obama-bandwagon. whats with these people?
-------------------- Only man is mortal, in the sense that only man is aware that he is mortal. -Isaac Asimov
Why are they so hell bent on this? Plenty of it in the gas stations around Indy. Heck, I havent even bought a spice blend since before they were sold here. (since back when it was Spice Gold)