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SYNTHETIC NARCOTICS: Enforcement and the Analogue Act

SYNTHETIC NARCOTICS: Enforcement and the Analogue Act

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SYNTHETIC NARCOTICS:

Enforcement and the Analogue Act

SYNTHETIC NARCOTICS

Synthetic Cannabinoids and other man-made chemicals – K2, Synthetic Marijuana, Spice, Legal Herb

Synthetic Cathinones –

Bath Salts

Synthetic Cannabinoids

Where do they come from?

What are they?

Dissolved in Acetone

(Paint Thinner)

Sprayed onto leafy material

False Marketing – Synthetic

Cannabinoids

“Potpourri”/“Incense”/“All Natural”

“Not for Human Consumption”

“Legal”

Does Not Contain – Lab Reports

Packaged and Falsely Marketed

Synthetic Cannabinoid False

Marketing

FALSE MARKETING

Not For Human Consumption?

It has a fruity, minty flavor that is very pleasant and smooth.

…available in a variety of tasty flavors including green apple,

hydro, original, strawberry smash, blueberry bliss and

watermelon…makes a good starter blend for new and first-

time users. The potency makes it popular among serious and

recreational users as well.

Before you buy Scooby Snax Herbal Incense, note the

package disclaimer before using. It says that the product is a

potpourri not intended for any human consumption, and

that if you use it unlawfully, you do so at your own risk

Adverse Effects of

Synthetic Cannabinoids

Excited Delirium

Acute Kidney Injury

Seizures

Psychosis

Hallucinations

Cardiotoxic effects

Coma

Death – with some users dying before they could reach an ER

Trecki, Jordan, et al., 373 N. England M.J. 103, 106 (July 9, 2015)

EMILY BAUER

Teen narrowly escapes death after

smoking synthetic marijuana

http://www.cnn.com/2013/02/04/health/synthetic-marijuana-irpt/

EMILY BAUER

EMILY BAUER

January 6: Day 28 – After her family ends life support on December 16, Emily survives

despite the odds, says her family. She is able to slightly move her arms and legs. She

recognizes her family’s voices and is able to speak, sometimes with difficulty, says her

stepfather.

ALEXANDRIA SHELTON

ALEXANDRIA SHELTON

Her body was found near a drainage ditch in Girard Park after

midnight Sunday.

The 21-year-old Lafayette woman was a senior at Grambling

State University on track to graduate … with a degree in criminal

justice.

From The Advocate

4/14/2014 http://theadvocate.com/news/police/8903755-123/body-

found-in-park-identified

5/23/2014 http://theadvocate.com/news/acadiana/9256330-

123/family-not-satisfied-with-answers

ALEXANDRIA SHELTON

Autopsy report showed AB-CHMINACA in her system

AB-CHMINACA is a synthetic cannabinoid commonly

found in products labeled as “incense” or “potpourri”

AB-CHMINACA has been connected to 8 deaths (2 in

Louisiana) and thousands of cases involving Emergency Room

visits

Trecki, Jordan, et al., 373 N. England M.J. 103 - 107 (July 9, 2015)

ARE SYNTHETIC

CANNABINOIDS

ADDICTIVE

Yes, synthetic cannabinoids can be addictive.

Regular users trying to quit may have the

following withdrawal symptoms…

National Institute on Drug Abuse

http://www.drugabuse.gov/publications/dru

gfacts/synthetic-cannabinoids

Addiction

Why are these addictive and

dangerous chemicals marketed

as “Legal”

Controlled Substances must identified and scheduled.

Emergency bans require “notice and comment”

The illicit market reacts quickly to replace the banned

substance with a new generation of chemicals

Congress’ Answer to the

Mousetrap Problem

Controlled Substance Analogue

Enforcement Act of 1986

States that a “controlled substance analogue”

is treated as a banned Schedule I controlled

substance to the extent that it is “intended for

human consumption”

What is a “Controlled Substance

Analogue”

"controlled substance analogue" means a substance—

(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;

(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or

(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.

Part 1

Substantially Similar

Chemical Structure

Examples of Analogues

JWH-018

Scheduled by

Emergency Ban

March 1, 2011

Examples of Analogues

AM-2201

Showed up on

the Market

immediately

after the JWH-

018 Ban

3D Images of AM-2201 and

JWH-018

Part 2

Has or is Represented to have a

substantially similar or greater

effect on the CNS

Part 3

To the extent intended for human consumption,

a controlled substance analogue (synthetic

cannabinoid) is treated as a banned Schedule I

controlled substance

21 U.S.C. § 841(b)(1)(C) – the penalty for

distribution or possession with intent to distribute

is up to 20 years imprisonment