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

Students with juvenile convictions in their records and intending to apply for college may wonder, “Do juvenile crimes impact college admissions?” A juvenile crime in Minnesota can lower the odds of your child’s college application getting approved. A conviction of a serious juvenile crime may result in an automatic rejection of college applications. A minor with a criminal record may be disqualified from accessing student loans or grants.
Defendants convicted of a crime may ask, “What is the post-conviction process, and how long does it take?” A petition for post-conviction relief allows you to contest the legality of a criminal conviction or sentence following an unsuccessful direct appeal process or passing the appeal deadline. This petition involves legal issues not addressed at trial or direct appeal. These issues include a constitutional rights violation, newly discovered evidence, and inadequate or ineffective lawyer representation.
Knowing how long the sentencing phase takes in Minneapolis, MN, can help you ease worries and work towards receiving a fair sentence. The sentencing phase of the criminal justice process usually takes only minutes, especially when the judge approves the sentence negotiated in a plea bargain. Sentencing can sometimes be lengthy, particularly when you get convicted at trial, and the judge schedules a hearing to a later date to decide on appropriate legal penalties. The nature and seriousness of the criminal conviction, whether your sentence is negotiated or determined by a judge, and continuance motions are some factors that may affect the length of the sentencing phase.