Synthetic Marijuana Creates Havock in Substance Abuse Laws, Says Miami Criminal Attorney

Aug. 6, 2012 - PRLog -- Users of Synthetic Cannabis are being admitted into South Florida emergency rooms with seizures, hallucinations, paranoid behavior, agitation, anxiety, nausea, vomiting, racing heartbeat, and elevated blood pressure.  And their local pusher isn't some guy on a street corner with one eye out for customers and the other for cops.  Instead, those hoping to get high on Spice need only drop by a local convenience store, truck stop, or smoke shop to purchase one of an assortment of "spice" products.

Spice was originally the brand name of a now defunct company.  Now at least 40 brands, some called spice or making reference to spice compete for space on the shelves.  Brands include:  K2, Spice, Mr. Nice Guy, Genie
What is spice and why is it driving everyone in the criminal justice system crazy?

Andrew Smallman is a Miami based criminal defense lawyer with the Law Offices of Gilbert & Smallman PLLC, who has a confused client wondering why his use of spice resulted in his parole being violated.  According to Smallman, "Our client, Jimmy Hewett, is becoming something of a test case in Broward County.  There are several sticky legal issues involved.

"First, there are questions regarding what spice truly is.  Many of the brands bill themselves as herbal blends of various plants that are not illegal to use by themselves or in combination.  On the other hand, at least some, and maybe all of these brands, are spraying a synthetic substance on the product that scientists believe is the real source of the marijuana-like results.  To add more confusion to the chemistry, makers are using various compounds in the synthetic spray, hoping to keep the effect, but thwart the law technically, and/or make the product difficult to test for."

Various cities, counties, states, the US and other governments have outlawed some compounds found to be prevalent on the market.  The most prevalent compound, according to German government researchers, is JWH-122, which is not yet banned by the US Government.  Banned substances include:  JWH-018; JWH-073; JWH-200; CP-47, 497; and cannabicyclohexanol—according to Schedule I of the Controlled Substances Act (CSA).

Smallman says his client's issue was a probation violation.  "You have to violate probation willfully and substantially," Smallman said. "I have a hard time seeing how it was willful or substantial if you can buy it from the behind the counter at 7-Eleven."

But the issue is clearly going to effect both criminal and civil law as individuals are arrested under various intoxication, possession and possession with intent statutes.  On the civil side will be claims associated with losses due to accidents caused by an intoxicated individual and workplace issues.  

Andrew Smallman has produced a short video for those hoping to learn more about the subject. http://www.youtube.com/watch?v=VkPnaAYIrx8