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Fake Pot: Isn’t That Legal?
by Caitlin Emma | Feb 21, 2012 8:40 am
(3) Comments | Commenting has been closed | E-mail the Author
Posted to: Health Care, Legal Writes
When a New Haven police officer pulled a man over and smelled burning dope the other day, he didn’t arrest the man for what he’d been smoking.
The officer thought the marijuana-like substance—called “K2”—is legal.
Over at Southern Connecticut State University, sophomore Dom Pascariello thought so, too, “considering [K2] is still sold at gas stations like cigarettes and cigars.”
K2 is in fact illegal in Connecticut now. But the word has been slow to get out.
Meanwhile, it’s not always clear that what people consider to be K2 is technically K2, or if it’s an offshoot updated to stay one step ahead of the law.
K2 is an herbal blend coated with chemicals. When smoked, it produces a high similar to that triggered by THC in marijuana—making it essentially synthetic marijuana. It has swept the country over the past year; authorities have tried to catch up with its popularity, out of the fear that it may be dangerous.
The state legislature made it illegal effective last July 1. Waterford state Sen. Andrea Stillman sponsored the bill, which required authorities to treat K2 as a controlled substance.
Before the law, K2 could be purchased as “incense” at gas stations and convenience stores. Similarly packaged products continue to be available in town, though with packaging that states they don’t contain the banned chemicals.
“It doesn’t shock me that people aren’t up to speed with this thing,” said Mike Lawlor, Gov. Dannel Malloy’s undersecretary for criminal justice policy and planning. The state’s trying to get the word out: that K2 is believed to be harmful, and that the law prohibits its sale or use.
Colleen, an SCSU senior who declined to give her last name (“My mom Googles my name constantly”), said no one she knows smokes it regularly.
“I feel like it was cool when it first came out,” she said. “People wanted to try it to see if it could get you high.”
“I haven’t heard of anyone smoking it in months, though,” she added.
Colleen said she has tried it and isn’t a fan.
“It tasted like plastic,” she said. “It burned really harshly. It just made me feel kind of light-headed.”
Police say manufacturers have been trying to keep up with new laws by altering either the substance or packaging of their over-the-counter products. The splashy packages carry names like “spice,” “K-3,” “fragrant,” “potpourri” or “fragrant potpourri.”
The kind of products people rightly or incorrectly consider K2 were still for sale Monday afternoon at a Sam’s Convenience Store and gas station at 262 Forbes Ave. in New Haven.
The small rectangular packets came in a variety of packaging, all about $10 each. One, marked “fragrant potpourri” and “power plant,” carried the brand name “Down2Earth Climaxxx.” The packet was colorful, with an ethereal picture of a woman’s head bursting with light, flowers, butterflies and animals.
The Down2Earth distributor’s website proved pretty bare, save for warnings about product impostors. The website includes contact information for the distributors and a link for wholesale purchasing.
According to the state Department of Consumer Protection’s Prescription Monitoring Program, synthetic marijuana can cause hallucinations, severe agitation, elevated heart rate and blood pressure, panic attacks, vomiting and numbness or tingling. In rare cases, tremors, seizures, comas or unconsciousness have occurred.
The department also reports that people often stop using the drug after about a week due to severe headaches. Some reports indicate the chemical spray might be mixed with unidentified toxic substances in some cases.
The state Office of Legislative Research put out a report in December 2010 that said, since 2009, the federal Drug Enforcement Agency received a number of reports from poison centers, hospitals and law enforcement agencies concerning synthetic marijuana.
The OLR report said synthetic marijuana is often sold under names like “Spice, K2, Sence, Genie, Mr. Nice Guy, Blaze, Red X Dawn and others.”
Since the law’s passage, the state has begun trying to spread the word. Lawlor said the Chief State’s Attorney’s office organizes annual briefings to discuss changes in the law with police chiefs and other high-ranking police officials across the state.
“I think you can outlaw it, but it’s not going to stop,” he said. “The main goal is to prevent kids from ruining their lives by getting addicted to drugs.”
Over at Superior Court on Elm Street, prosecutor David Strollo reported that he has seen “just a handful of cases” involving K2 since it became contraband. “It’s really not a big issue as of yet,” he said.
High school students leaving the Educational Arts Center on Audubon Street on a recent afternoon said they’ve heard people calling it both K2 and “spice.” Wilbur Cross freshman Reina Matsuura said her aunt has lectured her about spice and its dangers, telling her the chemicals could damage her brain.
Jonathan Pabone, another Wilbur Cross freshman, said he has heard that the chemicals are dangerous. The kids who smoke K2 usually smoke marijuana as well, he said.
“I’m not friends with those kids, though,” he said. “I heard it’s worse for you than weed.”
SCSU sophomore Pascariello said he has heard of people smoking it when they don’t have marijuana, but it’s not a common recreational drug. He has heard people describe smoking it as a weird, contradictory feeling—a combination of mellow marijuana and caffeine.
New Haven’s Police Narcotics Unit is aware that K2 is illegal, said its chief, Lt. Jeff Hoffman. Hoffman said the team has not made any K2-related arrests.
The word hasn’t always gotten out to beat cops. New Haven Police Officer Chris Lawrence pulled over a car on Feb. 8 when he noticed the car missing a front plate and circling the block, according to a police spokesman. When Lawrence approached the car, he saw two men inside and smelled what he thought was burning marijuana. He discovered was actually K2.
He thought the K2 was legal, so Lawrence didn’t arrest the man on drug charges. The man was driving with a suspended license, however.
Another police officer who arrived on the scene saw an odd-looking cell phone in the center console. That cell phone turned out to be a 1,000 kv. stun gun. That resulted in a weapons charge. The driver turned out to be a convicted felon and therefore, wasn’t allowed to carry weapons. Police arrested him on multiple weapon and motor vehicle charges. He got away with the K2.
Post a Comment
Comments
posted by: Alex3917 on February 21, 2012 12:57pm
“K2 is in fact illegal in Connecticut now.”
No it isn’t. Read the law you linked to. Literally the first sentence says: “This act [designates] as controlled substances five specified synthetic versions of marijuana.”
There are hundreds of different synthetic cannabinoids. The ones sold in CT no longer use the cannabinoids that were banned, because they have also been banned federally now as well. Thus, any K2 purchased in Connecticut is completely legal, and the entire premise of your article is incorrect.
[Ed.: We asked Lawlor about this, and he responded with this, which he calls “the lawyer answer”:
[“It depends.
[“These identified substances are now controlled, and unauthorized possession of them is unlawful. Since a police officer can only go by what he or she sees, smells, reads etc. at the scene, there is no question that there would be probable cause to arrest someone in this situation and charge them with possession of a controlled substance. Of course, in order to get a conviction, a case must be proven beyond a reasonable doubt and that would require expert testimony related to the exact chemical compound in question.”]
posted by: cedarhillresident! on February 21, 2012 3:18pm
I remember following this last year when the bill was put in to make it illegal if I recall it did not pass.
With that said the reason why I followed it was because I was also following several bills to make medical marijuana allowed in this state (many other states have already done so and more will be doing it this year). Last year they did get the decriminalization bill through. So K2 would (worst case fall under that until it made it to a court room were it would be dismissed) and only cost the tax payers money we should not be wasting on such things. All the million we spend fighting this war against pot (which 70% of the state thinks is a waste). We should legalize it take it out of the drug dealers hands and tax it! But DRUG company’s will not allow it!
This week there is a bill being drafted to (again) try to get medical marijuana allowed in this state. It was in good shape last year but sent to be looked over. Now this may be the year that it goes all the way. But there is a bigger issue at hand. The pharma companies have been calling the heads of the group pushing this telling them they want to “help”. Why? is the question. They know “it” (medical) is almost legal (or will be by years end) in over half the states in the country. And they are going to want to have the control over it. One of the main reasons people have pushed for it is :
1) it works for pain and other symptoms in cancer patients, MS, eye issues and other illnesses .
2) with the cost of pharmicticals, it is the ONLY affordable option for so many. Now pharmacies what to take it over and turn it into a pill. …one of the reasons MS patients like the option of smoking is because not every day is the same. Smoking allows them to adjust intake somedays not need much at all. And growing it or just buying the bud keeps the cost down (turning it into a pill will make the medication VERY VERY costly!) But the corporate greed has no bounds.
With that said the bill should be done by weeks end. And I am hoping that story’s like this do not effect anyone’s option on the need for medical MJ making it through this year. I am also hoping every one can take a moment to email you Legislative Reps and ask them to co- sponsor this bill when it comes out. Looney has in the past I am hoping he will again!
Click on link to get yours. (just click on the map)
http://www.cga.ct.gov/maps/house/newhaven.asp
