Existing Law May Cover Spice, Gov. Says

Several legislators have introduced bills this year to ban a new type of chemical narcotic that is known as synthetic marijuana, but has potential side effects far worse than the drug it imitates.

Gov. Bob McDonnell told Patch editors during an interview last Friday that a new law may not be necessary, but that he had asked lawmakers to examine existing statutes to make sure they cover the newest “designer drugs” on the market. If not, McDonnell indicated he would support new legislation.

“I’ve asked [state legislators] to take a look at whether existing statutes are broad enough to cover prosecutions of those things or whether or not we need to do something else,” McDonnell said. “I’m just not sure yet.”

Imitation drugs are currently banned under state law, but McDonnell said those pushing the new substances may have skirted the law, in which case those products would have to be added to the state’s list banned drugs.

“There has been a statute for about 15 years already in Virginia that makes it a crime to attempt to distribute imitation controlled substances, so that part is already the law,” McDonnell explained. “Whether it’s broad enough to cover some of these designer drugs … unfortunately the bad guys are always finding ways to stay ahead of the good guys in terms of coming up with new criminal enterprises.”

Authorities say the substances are smoked the same way as marijuana, despite the varying effects. Packages warn against human consumption. Many names are associated with the products, including: Zombie, World, Bad to the Bone, Black Mamba, Blaze, Fire and Ice, Dark Night, Earthquake, Berry Blend, The Moon, G-Force, Pep Spice, Spice Silver, Spice Gold, Spice Diamond, Smoke, Sence, Skunk, Yucatan Fire, Genie and Zohai.

The synthetic marijuana products are different than salvia, a smoked plant that came into the media spotlight recently after Miley Cyrus claimed she was smoking that legal plant, rather than marijuana, when caught on video using water pipe, or bong.

A report by the National Drug Court Resource Center indicates the effects are similar to that of marijuana, including:

• Increased heart rate and blood pressure
• Altered state of consciousness
• Mild euphoria and relaxation
• Perceptual alteration (time distortion)
• Intensification of sensory experiences
• Pronounced cognitive effects
• Impaired short-term memory
• Increase in reaction times

A report by the Virginia State Crime Commission (VSCC) states that many of the compounds do not in fact produce the same effects as marijuana and can be even more dangerous, particularly to young people.

And a separate analysis by Sue Parr, the project director for Drug Free Community, pointed to multiple potential effects, including:

• Hallucinations
• Seizures/tremors
• Coma/unconsciousness
• Vomiting
• Numbness/tingling
• Increased level of anxiety or agitation leading to panic attacks (suicide risk)

In addition, according to the VSCC report, many such chemicals were never intended for human consumption. Because of that, Puccio said during the previous teleconference, that any inhalation of such a substance would equate to an overdose.

At least seven state legislators, including four senators and three delegates, have submitted bills to ban synthetic marijuana, most of which would penalize possession and distribution as follows:

1. Less than half an ounce, Class 1 misdemeanor
2. Half an ounce to 5 lbs, Class 5 felony
3. More than 5 lbs. or manufacturing any quantity, 5 years to 30 years.

Nine states criminalized such substances in 2010—Alabama, Georgia, Illinois, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, and Tennessee; at least three states previously criminalized them—Arkansas, Iowa and North Dakota; and legislation remains pending in at least four states to do the same—New Jersey, New York, Ohio and Pennsylvania.

The new laws come at a time when medical marijuana—which is not the same as the chemical products being discussed at Herring's meeting—has been breaking ground across the country, including plans to move forward with legal dispensaries in Washington, DC.

All of the reports identified above can be found on Senator Mark Herring's Web site.