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

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.