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DEA Emergency Ban on Synthetic Marijuana NOT in Effect

Submitted by Phillip Smith on (Issue #667)
Politics & Advocacy

Contrary to previous reports that a DEA emergency ban on synthetic cannabinoids had gone into effect on December 24, that emergency ban has been delayed. The DEA published a notice in the federal register dated January 7 that its November 24 notice of intent to institute an emergency ban had to be revised due to "administrative errors."

Still legal under federal law -- at least for now. (image via Wikimedia)
Sold under a variety of names, including Spice and K2, the synthetic cannabinoid products have been criminalized in about a dozen states, with more states on track to join the list.

DEA spokesperson Barbara Carreno confirmed to the Chronicle January 13 that the ban was not yet in effect. "We're still writing the regulations," she said, explaining that, "While we must give the public 30 days notice, that doesn't mean it automatically becomes illegal. We're working diligently on it and hoping to get it done quickly."

The delay was forced by legal challenges from the Retail Compliance Association, a newly-formed retailers' organization created to block the DEA ban. "They need to stop hurting the small businesses that sell these products, and at least have a grip on the basics of the laws that govern their actions" said Dan Francis, the group's executive director, in a press release. "These rule do apply to them, they can't just declare that they don't and have it that way, we are a country of laws, passed by congress, not dictated by the DEA."
 

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

Brinna (not verified)

In reply to by aazz (not verified)

According to the National Institute of Health (those damn hippies):

"Endocannabinoids are present in peripheral tissues as well as in the brain, and recently they were found to be present in breast milk[27]"

Read it here:

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1975858/

Thu, 01/20/2011 - 7:57pm Permalink
Anon9 (not verified)

Please don't have to let this federal "temporary" ban take effect without a fight.  If they have Larry Flint's lawyer on board, this federal ban could be tied up in court for years before it gets to the Supreme Court.  If you are a regular customer of convenience store that sells K2, pass the word along about the RCA. 

Retailers are entitled to make money off K2 if they are allowed to profit off alcohol a much more harmful substance.  If we can't get marijuana legalized even in California, we can at least preserve the next best thing.  We need to fight for all the people who can't afford to fail a marijuana test and keep this lucrative market out of the hands of the drug cartels along our border. 

The alcohol industry has been pushing nationwide bans on K2 and the safer marijuana plant. Indiana Association of Beverage Retailers has been lobbying for a K2 ban in Indiana. The California Beer & Beverage Distributors came out against Prop. 19 initiative to tax and regulate marijuana in that state.

The American Poison Control Centers reported nearly 51,000 poison calls involving alcoholic beverages in 2008, and that's the tip of the iceberg because most doctors don't report these incidents to poison control. 

Fri, 01/14/2011 - 12:58am Permalink
Rumneychal Gypp (not verified)

In reply to by Anon9 (not verified)

The first real image that came to my mind was when I read "for people who can't afford to fail marijuana tests", and I saw a 60 year old guy in a suit staring you in the face saying "Yeah the message is don't get high at ALL mother fucker".  I think they just group crack with pot and say war on drugs.  Maybe they figure it's because people do WEIRD SHIT when they're high on certain drugs, and then they would have to create a whole system for determining the risk of each different psychoactive substance. And these psychoactive substances may or may not be listed on that bag of K2. What if their secret ingredient is salvia? SURPRISE MOTHER FUCKER! You just got a whole bundle of cluster fucks that you weren't really looking for. When you can close your eyes and literally see every single random thought that pops into your head, while you hang your head in a toilet and puke your guts out, there's a problem.  If this shit wants to be legitimate, they need to start creating accurate content analysis, and putting real numbes to how much of what is in there. What's next? Synthetic PCP? Yay another surprise!

Sun, 08/28/2011 - 11:18pm Permalink
sicntired (not verified)

I remember when the Canadian government made LSD illegal.People used to carry it in pouches tied around their necks,it dangled from earrings,then in one day the paranoia took hold.The number of people that went to heroin was in direct relation to the pressure put on the soft drugs.Once your door has been smashed in and everything in the place trashed,people beaten up,this was pre SWAT but they came in in teams of 10-15 cops all with shotguns and pistols drawn.One day it was sold for a few dollars a hit,next day it was harder to find and the price went up a little.The real damage was to the quality.It was no longer pure lsd in the correct strength,window pane was 50 mics a hit,a decent high took 150.It was cut with strychnine,speed and you never knew what.That's just an example of a personal view of what happened when a relatively harmless drug(if done with friends the first few times)was made illegal.It's absolutely amazing the knee-jerk reaction to the introduction of a new intoxicant.We have had no success at all with the banning of any of the substances made illegal to this point.That the DEA itself would take it upon itself to ban a substance shows just how out of control this agency has become.It has ignored direct orders from the A_G and the President to stop arresting legal sites in states where it is legal.The DEA said it would ignore the order and they have.The DEA is a rogue agency which has an almost unlimited budget and a small army of heavily armed soldiers equipped with armored vehicles and heavy machine guns,grenade launchers and an airforce and a navy.It is obvious from the European response that the DEA has done it's work in Europe well.Whle they have realized that the use of Heroin maintenance lowers the numbers of new addicts while allowing long time heroin users a decent life at a cost that is far less than prison.They are still following the American knee jerk reaction to any new intoxicant without a real scientific study to prove the drug actually does damage.If overdose was a problem,it is because of the lack of controls or information on this new drug.Just another substance that they can use to arrest and detain people,seize their property,all the drug war atrocities.Meanwhile,Portugal,the one country that has had the guts to legalize all drugs,they have experienced a drop in the use of all drugs and especially amongst the young.An education program that starts at the earliest grades warns students of the dangers of using drugs and has been very effective.They have taken the mystic out of the process.

Fri, 01/14/2011 - 3:51pm Permalink
Johnny Laws (not verified)

  You should go to the D.E.A.'s website and download the pdf file with their written and filed response to the Michigan drug paraphernalia store owners lawsuit. In it they show the court that the Supreme Court has already ruled on ALL four points declared as valid reasons by the plaintiffs' for an injunction allowing them to continue selling analog drug compounds legally. In short, the Supreme Court will not hear these issues again as they have already ruled on them in the past! You really think no savy drug dealer has ever tried to do this before? Apparently they have with ecstasy, cocaine, heroin, hallucinogens,  and methamphetamines. The ban is in effect as of February 1st this year according to the filing and according to news articles local police departments are already asking the D.E.A. to enforce against head shops in their districts. Why not? As the same Chinese manufacturers of fake pot products are now trying to convince head shop owners that their fake methamphetamine bath salts are "legal" because they don't label or sell them as for use as anything but "bath salts". LOL to the idiots who will be spending 15 to 40 years in federal prison because they believe some guy trying to make huge profits while living in another country is telling them the truth, and they haven't ever bothered to actually read the 1972, 1984,1986 Controlled Substances Act and its' amendments. Everything is covered by the statutes and the D.E.A. has full authority to prosecute you for dealing synthetic versions of existing drug compounds now. Doesn't anyone remember the eighties? Time magazine reported on the nation's first federal sweep on head shops over synthetic cocaine, freebase pipes, and synthetic heroin. Sorry hippies, IT HAS ALL BEEN TRIED BEFORE!

 

lmao

Fri, 01/14/2011 - 6:46pm Permalink
thomas jefferson (not verified)

In reply to by Johnny Laws (not verified)

johnny, if you were beat so badly in high school, you shouldve told the principle instead of cutiing off your own balls. i sell alot of drugs, and there are no better customers than the police. more cops and federal guys snort cocaine, and bang hookers than do normal guy (per capita) and to elaborate more, we have stopped the dea ban and we have pulled down another, OOOOO, 500 or 600 million in the meantime. the pigs will never win because we are smarter than them. that and anyone with any brains whos not a complete pussy goes twords the private sector. only half wits go with the pigs. half wits and pussies.

 

you must stop the mindless quest to control others just because you have a little dick and your wife fucked a fireman.  the american man will always win. and i will shoot any cop who comes through my door. unless hes unarmed, then i will kick his soft ass.

Sun, 02/13/2011 - 5:09am Permalink
USAfree (not verified)

Do you realize that alcohol and tobacco claims up to 700,000 lives each year? and the actual real marijuana has claimed no lives due to accidents and the "overdose" is almost impossible to reach and the active ingredient would'nt be the cause of death? Now to RC's and synthetics. The effects of all the JWH compounds cp's and AM brothers of the JWH have the EXACT same effect of marijuana. Yes people have been going to the ER and poison control centers. But you give a 18 year old that has never smoked real quality grade marijuana some RC's (research chemicals) that are as potent as some of the best on the planet and they are going to see these effects. Basically give someone that's never drank before 5 shots of everclear and expect him to function properly. Yet they try to add more to the whole "whats this k2 stuff that i can buy everywhere" and get more people that are inexpierenced to try it and ruin it because of the uneducated person using it. Yea sorry hippies its all been heard before. But its 2011...prop 19 almost passed. The drug war has lost and has been a money pit for years. So to you. Sorry it was a nice fight. But now its the peoples turn to live a free life as it states everywhere on many forms of U.S.A propaganda. I have done 2 tours in Iraq, fought for my country proudly and now i want to relax after a hard day of work 12 hours plus and i cant? Tell me how this is fair. The #1 donations from partnership for a drug free america come from ...wait for it..alcohol and tobacco companys. trying to keep this off shelves and marijuana illegal is costing more money than if it would be legalized, taxed, and regulated by an age limit. America...home of the free where you can die for your country but smoke herb with legal and illegal chems to relax is not going to happen. Sorry if your morals dispute this with the 100 million dollar a year industry. But thats life huh....

 

not laughing now are you :)

Tue, 01/18/2011 - 9:09am Permalink
aazz (not verified)

cannabinoids are not in breast milk, are you on crack/?

Tue, 01/18/2011 - 12:31pm Permalink
Johnny Laws (not verified)

  Again, drug users always respond with the what about alcohol claims? Well I'll tell you the difference. Alcohol is regulated at every level and has been used by humans for thousands of years. In fact, without alcohol society would be very, very depressed and upset at the gross income inequality in western democracy. The U.S. tried prohibition on the most commonly used substance- alcohol and it did not work. With marijuana, obviously the drug of your choice, 88% of the population doesn't use it AT ALL. Committing crime to make money, even if you give away money to other people is still crime and moral issue. If you think allowing head shops, convenience stores, gift shops, tattoo parlors, tobacconists, and street dealers to sell synthetic pot that is four to 100 times stronger than actual marijuana to teenagers and adults you have no morals. That you served in Iraq and like smoking marijuana really has no bearing on this article or issue. Get off the drugs.

Fri, 01/21/2011 - 7:42pm Permalink
Dr. Obvious (not verified)

In reply to by Johnny Laws (not verified)

Wow, you are a pretty special guy huh? I hate to inform you but your 88% of non-marijuana users is unsurprisingly incorrect. Every year more and more everyday people like lawyers, Doctors, Judges all use some form of marijuana.  Also you should know that people have been using marijuana for around the same amount of time as alcohol. Alcohol was first used by the early Egyptians when they found out that fermenting barley and hops created a brew we now know as "Beer".  However around that same time we now know that The ancient people of India also used marijuana for various medical uses including nausea, vomiting, and symptoms associated with PMDD and PMS.  It's also been known to treat diseases today related to conditions where patients can't eat or have difficulty eating.  In addition to these medical benefits it has been used for thousands of years for recreational and spiritual purposes which (much like alcohol) can be enjoyed with moderation and education on the effects and benefits of THC. (Think about The Native Americans who used peyote in many spiritual ceremonies.)  The active ingredient in marijuana is Delta-9 Cannabinol, which as stated above has many benefits medically and recreationally (let's not forget that it has been shown to constitute a drop in blood pressure due to stress.) this compound is a drug; a drug is anything that changes the way the body functions. Some examples of legal drugs include caffeine, Nicotine, niacin, inositol and Taurine; just to name a few. In closing I'm not telling you to smoke marijuana or not to smoke it, I mean hell, I stopped smoking it (quite easily i might add) after smoking it for 5 years straight and had no complication or issues of any kind.  I stopped to stay focused on business endeavors of my own accord. However I leave you with this bit of knowledge. Marijuana brings people together, It always has ( for thousands of years) and it always will; legal or not (sorry DEA.) In my opinion, with the way society has become today with our facebook, and our I-phones, and our videogames and television; we need more togetherness. It promotes Sharing, bonding, and conversing face to face as opposed to (insert popular social networking site.) After all that's what makes us Human, because when all odds are against us and we have nowhere to turn, we need to turn to each other. Only then, united will we have the strength to rise together to face any obstacle. God bless and have a wonderful day. If you have any questions or concerns about this issue please email me @ [email protected] even negative feedback will be read, although i WILL NOT entertain foolishness.

Sat, 04/09/2011 - 3:53pm Permalink
youbetcha (not verified)

Sorry Hippies?

This K2 will be the gooey mess that overloads this broken system of stupid drug laws. It is the shove that the system needed to push it over the edge. If you think this is as simple as adding these substances to a list you might want to recheck your facts. These substances are not analogs. This is just the tip of the iceberg and the dea has hit it. The feds will eventually start enforcement but with big mistakes and way too much force.

Sorry SYSTEM It's now game of whack-a-mole. Have a nice day.

Thu, 01/27/2011 - 10:14am Permalink
USAfree (not verified)

i think Really?? hit the nail on the head. we could regulate marijuana just like alcohol. and for sure would put an end to most of the problems. local and state wide debt from paying these task forces money to bust people with a plant (been around since the development of man or earlier). I'm sorry but i think the old politicians are being replaced with younger and more sound minded people. even 5% is 5% more people for legalization of marijuana. and if im right that 5% would have helped a lot when prop 19 dropped. Again sorry but studies have shown that more people are coming from an "on the fence" opinion to the "for" opinion. as for the people on the "against" side of the fence. well grass is greener on the other side. even the marijuana. So you can complain all you want. its going to happen. And as for the serving for your country comment. You wish you had the testicular fortitude to do what ive done. im far from a hippy and live and grown up in America. been a contributing member of society, paid my taxes and obey MOST laws. i want to relax without all the negative propaganda on marijuana and people like yourself that are a decade behind time and science for that matter. alas i digress. a difference of opinion has made you look like a total ass. but we still love you, right America?

Sun, 01/30/2011 - 6:36pm Permalink
Olog-hai (not verified)

Wouldn't it be funny if Johnny Laws was actually the CEO of Pfizer pharmaceuticals or Anheuser-Busch?

Thu, 02/03/2011 - 10:58pm Permalink
thomas jefferson (not verified)

johnny definetly held on till the swelling went down. booze is poison. i do not get high, and i would glady trade booze for legal mascaline, thc and dmt.

Sun, 02/13/2011 - 5:15am Permalink
bummed (not verified)

How did this ban effect the pills that were being sold such as doves ultra and others out there? Anyone know?
 

Sun, 02/20/2011 - 3:08am Permalink

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