Spice–Illegal in Florida and under Federal Laws

Spice–Illegal in Florida and under Federal Laws

Spice, promoted as a synthetic marijuana, is illegal in Florida, Alabama and under Federal laws. It wasn’t that long ago when this product was available in convenience stores and elsewhere. This product was also labeled “K2,” “herbal incense” or “potpourri.”

An act to ban the use and distribution of the drug was proposed by the US Senator Chuck Grassley of Iowa as the David Mitchell Rozga Act. It was approved into legislation by the United States Congress in June 2011.

On July 10, 2012, President Barack Obama signed the Synthetic Drug Abuse Prevention Act of 2012 into law. It banned synthetic compounds commonly found in synthetic marijuana, placing them under Schedule I of the Controlled Substances Act.

Prior to that, some compounds within synthetic cannabis (HU-210) were scheduled in the USA under federal law, while others (JWH-073) have been temporarily scheduled until final determination of their status can be made. The Drug Enforcement Administration (DEA) considers it to be a “drug of concern”, citing “…a surge in emergency-room visits and calls to poison-control centers.

Adverse health effects associated with its use include seizures, hallucinations, paranoid behavior, agitation, anxiety, nausea, vomiting, racing heartbeat, and elevated blood pressure.” A lot of these misbranded drugs, including XLR11, are from suppliers and manufacturers in China. The mere importation of the misbranded drug is in a violation of various federal laws.

Spice, herbal incense, etc. is unquestionably illegal in Florida. My ER doctor friends tell me too many kids where coming into the emergency rooms in psychotic states after ingesting the product.

The penalties for possession of spice vary from jurisdiction to jurisdiction but law enforcement is taking it very seriously. There are various labels for “spice” but generally the package is marked “not fit for human consumption” when it arrives from China, relabled and then sold to end users or other manufacturers.

In addition to K2 and Spice, other street names include Black Mamba (Turnera diffusa), Bombay Blue, Fake Weed, Genie, and Zohai. According to Partnership at Drugfree.org, other names also include Bliss, Blaze, JWH -018, -073, -250, Yucatan Fire, Skunk and Moon Rocks.

The penalties for manufacturing or distributing it are extreme and many cases are being brought in federal courts for manufacturing or distribution of the product. Also, money’s earned through the illegal importation an distribution of these drugs may be subject to forfeiture under the Federal and/or State Money Laundering statutes.

How We Can Help
If you, a friend or a family member find themselves in a situation such as this, please call the Law Office of Scott A. Ferris, P.A. at 305 670-3330 right away. Scott A. Ferris, Esq. is a licensed criminal law attorney who has been practicing law since 1987. He is available whenever you need him to defend your rights. Please learn about our firm at www.FerrisLawFirm.com.