Legal Commentary

DEA Bans Chemicals in "Fake Marijuana" Products

By Jeralyn

The D.E.A. exercised its emergency rule making authority today and banned five chemicals used in smokable herbal products it calls fake marijuana. Included are the chemicals in Spice, K-2, Blaze and Red X Dawn.

Except as authorized by law, this action makes possessing and selling these chemicals or the products that contain them illegal in the United States. This emergency action was necessary to prevent an imminent threat to public health and safety.

The ban will be in effect for a year. The DEA says:

They are designated as Schedule I substances, the most restrictive category under the Controlled Substances Act. Schedule I substances are reserved for those substances with a high potential for abuse, no accepted medical use for treatment in the United States and a lack of accepted safety for use of the drug under medical supervision.

The text of the rule, as appears in the Federal Register, is here. [More...]

NORML responds:

“The popularity of these products is a predictable outgrowth of criminal marijuana prohibition. As prohibition is apt to do, it has driven the production of a commodity into the hands of unregulated, unknown dealers, driven up the potency of the commodity, and in doing so created a scenario where the consumer is faced with a potentially greater health risks than they would be had they simply had the legal choice to use the product they actually desired, in this case cannabis.

“Since most manufacturers of these products reside overseas and are not subject to federal laws and regulations, it is unlikely that the DEA’s action – as well as the similar bans in other states – will in any way halt the dissemination, use, or misuse of these products by the public. Most likely, the clamp down will likely only make the situation more dangerous – from both a legal standpoint and from a health standpoint – to the consumer.”

Full post as published by TalkLeft on March 01, 2011 (boomark / email).