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Category → Law

DEA already admits defeat on synthetic marijuana ban?

Which is/are now illegal in the US?

For those following our most persistent story of the last year or so, you’ve already heard that the US Drug Enforcement Administration declared as controlled substances five synthetic cannabimimetics present in “herbal incense” products such as K2 Spice, Mr. Nice Guy, and Blaze. These compounds include JWH-018, JWH-073, JWH-200, CP-47,497, and cannabicyclohexanol.

With respect to our chemistry audience here, I discussed on New Year’s Eve how the DEA has authority to also regulate “analogues” [sic] of compounds that have been assigned to Schedule I of the Controlled Substances Act. This amendment to the act gives the DEA latitude to prosecute the sale, use, and possession of chemical analogs or compounds pharmacologically-similar to those explicitly listed as controlled substances. What authority decides what’s an analog or not is still a mystery to me and was the subject of that post.

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Strong chemistry in NC bills banning legal highs

Carolina Chemistry. Source: Raven Maps/Medford, OR

On Wednesday, two bills passed unanimously in the North Carolina State Senate that would outlaw synthetic cannabimimetics and mephedrone. These compounds are currently sold as Spice incense (e.g., K2, Black Mamba) or “bath salts” (e.g., Ivory Wave), respectively. (Many thanks to WRAL-TV Capitol Bureau Chief Laura Leslie and fellow blogger DrugMonkey for alerting me to these bills via Twitter.).

Legislatively, similar bills have been passed and laws enacted in states and municipalities around the US while a proposed scheduling rule by the federal drug agency, the DEA, languishes in an administrative and legal morass.

The synthetic marijuana bill, House Bill 12 (Senate 9) and the mephedrone bill, House Bill 13 (Senate 7), were originally both put forth in the NC House by co-sponsors led by Representative George Cleveland (R, NC-14) of Jacksonville, North Carolina, home to the US Marine base Camp Lejeune. Cleveland himself is a retired, 25-year US Marine. The US military has been far ahead of other state and federal agencies in prohibiting use of these chemicals and associated products.

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