Regulating Synthetic Drugs Poses Challenges

(Spring 2012) The American Association of Poison Control Centers reports the use of synthetic drugs is escalating at an alarming rate. This includes bath salts and synthetic marijuana, “K2” and “Spice.”  The drugs are popular in part because most drug tests do not detect them, they are available on many websites and can often be purchased legally.

Currently, 43 states have passed or proposed laws banning specific chemicals in synthetic drugs. It has been difficult to prosecute rogue chemists because they tweak cannabinoids and other mind-altering chemicals to sidestep each ban and create new chemicals that fall outside the bounds of any proposed blanket ban. Some states such as Pennsylvania and Idaho are working feverishly to generate legislation that would close these loopholes by passing broad laws that outlaw substances that mimic illicit drugs, without identifying specific chemicals. Unfortunately, this may depend on the ability to ban entire chemical families in an attempt to ban new varieties before they’re invented.

The task would still be very difficult. Prosecutors would have to show the substances in question are chemically similar to illicit drugs as well as demonstrate the synthetic drugs have the same effect on the body. They also must prove the synthetic drugs are meant to be taken in the same way as illegal drugs, even though the products often have labels stating that they are not for human consumption.

At the federal level, the Synthetic Drug Control Act, approved by the House on December 8, 2011 bans more than 30 synthetic drugs, including bath salts and Spice. The measure would make it illegal to manufacture or dispense the drugs.  However, critics say that there are still problems, for example, attaching felony penalties to fake marijuana when the possession of real marijuana is a simple misdemeanor in many states is the wrong approach.

The bill would also give the Drug Enforcement Administration (DEA) more authority to put temporary bans on potentially hazardous drugs as they are being  investigated.

On a related note, the DEA issued a proposal to extend the temporary Schedule I status of five synthetic cannabindoids until August 29, 2012

Practicing good synthetic drug awareness is essential to find out which drugs employees may be using. Contact Working Partners to learn more about employee education and supervisor training classes to build drug awareness in your company.