Drug Enforcement Administration Bans Fake Marijuana Products

Last Wednesday the Drug Enforcement Administration banned fake marijuana products that chemically imitate the effects of marijuana use. The Drug Enforcement Administration used its emergency powers to ban the products, and the ban has made it illegal to possess the products. The ban has also made it illegal to sell the combination of five chemicals used to create imitation marijuana.

The ban by the Drug Enforcement Administration is so far temporary and is in effect for one year. The temporary ban will allow the Drug Enforcement Administration time to determine whether the combination of chemicals will permanently be put on the federal list of controlled substances that are considered unsafe and do not have a medical use. Currently, the combination of chemicals is not approved for human consumption by the Food and Drug Administration.

Fake marijuana is currently sold under the commercial names of Red X Dawn, Spice and K2. The product is composed of herbal blends that are sprayed with synthetic chemicals. Usually, the product is sold as a package of incense at herbal stores and gas stations and is priced around $35 per ounce.

The recent ban came in reaction to a notification by the director of the Missouri Poison Center about a dramatic increase of patients who have fallen ill from the product. According to the poison center alert, patients suffered abnormally high blood pressure, rapid heart rate, hallucinations and paranoia. The Drug Enforcement Administration’s Administrator said although the products market themselves as a harmless alternative to marijuana, it is clear the products are harmful. Formal research will be conducted to determine whether the product will be a criminalized drug.

Source: USA Today, “DEA Bans K2, Other ‘Fake Pot’ Products,” Donna Leinwand, 11/29/10

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.