Synthetic Marijuana Use on the Rise, DEA Declares Some Types Illegal
The United States Drug Enforcement Administration has temporarily made three types of synthetic marijuana illegal.
Synthetic marijuana belongs to a classification of drugs called canniboids, which have similar psychological effects as the active drugs in cannabis. Synthetic marijuana is often sprayed onto FDA-approved plant material, creating something a user could smoke or burn like incense, or consumed in another fashion. A recent study from the DEA declared that synthetic marijuana, also referred to as “fake pot,” “herbal incense,” or “potpourri,” constituted an imminent public safety hazard.
Although the DEA described the new classification as “temporary,” the statute is in effect for two years.
The DEA reclassified synthetic marijuana under the Controlled Substances Act (CSA).
Synthetic marijuana previously had no specific restrictions, and was often sold in corner stores and online. The drug can be purchased with no age restrictions, making it increasingly popular with minors and young adults.
“Basically, as you talk to the different agencies involved in these cases, you’re finding more and more availability to children,” Del. Ted Sophocleus, D-Anne Arundel County, told the Washington Examiner earlier this year.
The legislation comes after an election in which several states legalized the use of marijuana for recreational or medicinal reasons. However, states that legalized the recreational use of marijuana have put age restrictions on the drug’s purchase, similar to existing liquor laws.
The Office of National Drug Control Policy has recognized manmade drugs like synthetic marijuana and bath salts as a rising public safety and health hazard in the United States. At least 38 states, stretching from New York to South Carolina to the nation’s capital, are banning the sale of these products.
Makers, sellers, and possessors of synthetic marijuana have one month to get rid of their current stocks, and not purchase any more.
During the next two years, the DEA will work closely with the US Department of Health and Human Services to determine the extent of the public safety threat, and decide whether or not synthetic marijuana should remain a Schedule I drug.
Possession of Marijuana, Including Synthetic Marijuana, In South Carolina
Penalties for marijuana possession can vary based on the amount of marijuana seized by law enforcement and whether there was intent to distribute. Regardless of whether you are charged with misdemeanor or felony marijuana possession, you will be subject to lasting consequences. Marijuana possession charges are not something to be taken lightly. Fines, imprisonment, loss of driving privileges, and even loss of scholarships can result from a marijuana possession conviction.
Since the DEA has now classified synthetic marijuana as a Schedule I substance, South Carolina Schedule I laws apply to people who possess, distribute, or manufacture the substance.
Schedule I substances are those that have the following findings:
A. The drug or other substance has a high potential for abuse.
B. The drug or other substance has no currently accepted medical use in treatment in the United States.
C. There is a lack of accepted safety for use of the drug or other substance under medical supervision.
No prescriptions may be written for Schedule I substances, and such substances are subject to production quotas by the DEA.
The Strom Law Firm Can Help Defend Against Drug Charges Involving Synthetic Marijuana
If you or a loved one have been found with synthetic marijuana, or other synthetic drugs, you could face criminal charges ranging from misdemeanor to felony, depending on how much of the drug was on your person, and what your intent was with the drug. The drug crimes attorneys at the Strom Law Firm can help. Do not let drug charges for synthetic marijuana hurt your reputation or your future aspirations. We offer free, confidential consultations to discuss the facts of your case. Contact us today for help. 803.252.4800
