K2, Spice and Other Synthetic Cannabinoids
Synthetic cannabinoids, or synthetic marijuana, is known by many names. A few of the names under which synthetic cannabinoids are packaged include:
- Spice
- AK-47
- Geeked up
- Smacked
- Green Giant Scooby Snax
- Red Giant
- Bad Guy
- iBlown; and
- Trippy
While many users believe these substances to be natural and harmless, they are in fact synthetic compounds. Users may be misled because in addition to the use of terminology like “synthetic marijuana” and “fake weed,” the chemicals intended to produce the marijuana-like effect are often sprayed onto or soaked into a plant substance, creating an appearance similar to natural marijuana.
The effects of these synthetic products are unpredictable, and may range from failing to produce the intended effect to a much stronger effect than a natural marijuana user might be expecting. In addition, these substances have a variety of possible side effects, some of which are severe enough that users are seeking treatment in emergency rooms.
New York State Laws Regarding Synthetic Marijuana
The federal Drug Enforcement Agency added the chemical compounds comprising synthetic cannabinoids to the Schedule I controlled substance list early in 2015, but state laws have not yet caught up with federal restrictions. The only state-level restriction is found in New York State Department of Health regulations. Under that provision, possession of K2 and Spice is a violation, not a crime, and is punishable by a fine of up to $250, 15 days in jail, or both.
However, New York City recently acted to criminalize synthetic cannabinoids.
New York City Synthetic Marijuana Laws
Late in 2015, New York City passed three bills criminalizing the sale of synthetic marijuana. The misdemeanor crime carries a possible penalty of up to 1 year in jail, a $500 fine, or a civil penalty of up to $50,000. The laws were enacted sequentially, each adding new provisions.
First, New York City outlawed:
- Sale;
- Display for sale;
- Distribution; and
- Possession with intent to sell
Second, the city added violations of the synthetic marijuana laws to the Nuisance Abatement Law, thus allowing the closing of premises based on these violations.
Recently, the application of Nuisance Abatement Laws has come under scrutiny, with news sources including the Daily News, Pro Publica, and even the New York Times questioning the frequency with which judges grant abatement, even in the absence of adequate evidence.
Finally, New York City enacted a suspension and revocation of cigarette dealer licenses for stores that sell synthetic cannabinoids or synthetic marijuana.
Pending Synthetic Marijuana Legislation
The fact that the New York State legislature has not yet fully addressed synthetic cannabinoids should not be construed to mean that the state is unconcerned about these substances or means for their use or possession to remain legal.
In fact, there are multiple bills in various stages of consideration. One such bill would add synthetic marijuana, synthetic cannabinoids, K2, Spice and the many other variations to the state list of controlled substances, much like the federal government has done. If and when this bill passes, the effect will be to make possession and sale of synthetic cannabinoids or synthetic marijuana a felony in the state of New York.
Marijuana v. Synthetic Marijuana Charges
As discussed above, purchasers of synthetic cannabinoids are often misled by the terminology and appearance of the substance into believing that they are purchasing and using a natural substance. For the same reasons, these purchasers may assume that synthetic marijuana is treated much like marijuana under the law. This is a dangerous misconception.
The pending bills and proposed scheduling of synthetic cannabinoids suggests that although the state has been slow to take action, possession and sale of these substances will ultimately be treated much more harshly than possession and sale of marijuana.
