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Fake pot ban moves to Senate

June 23, 2010

Any substance that mimics the effects of marijuana, including a type of incense growing in popularity called K2, will be illegal in Michigan if a bipartisan package of bills overwhelmingly passed by the state House on Wednesday ultimately becomes law.

K2 is an herbal blend that is sprayed with a synthetic cannabinoid called JWH-018. Although it does not contain tetrahydrocannabinol, a psychoactive substance found in marijuana, it gives users a similar high.

The bills passed by the House on Wednesday will be sent to the Senate, where they likely will be referred to the Senate judiciary committee.

The first bill in the package defines K2 and other synthetic cannabinoids as Schedule 1 drugs, which are considered to have a high risk for abuse with no medicinal purposes, said Susan Stutzky, a legislative analyst in the House. Other Schedule 1 drugs include marijuana, LSD, heroin and Ecstasy.

Also prohibited under the first bill is the sale, possession and use of an Ecstasy substitute, N-Benzylpiperazine, commonly known as BZP.

The second bill in the package would make knowingly possessing or using marijuana substitutes a misdemeanor. Mirroring the penalties for marijuana, simple possession of K2 would be punishable by up to a year in jail and a $2,000 fine. Use of the drug could earn offenders a penalty of up to 90 days in jail and a $100 fine, Stutzky said.

Unlike marijuana but similar to other Schedule 1 drugs, manufacturing or selling synthetic cannabinoids would be a felony punishable by a maximum of seven years in jail and a $10,000 fine, Stutzky said.

If passed by the Senate and signed into law by Gov. Jennifer Granholm, the bills would take effect Oct. 1, Stutzky said.

Although no extensive research has been conducted on the effects of K2, the drug is harming people now and needs to be addressed, said state Rep. Rick Jones, R-Grand Ledge, who sponsored the bill to classify K2 and other synthetic cannibinoids as Schedule 1 substances.

“We know that it’s harming kids as young as 10-year-olds,” Jones said. “To wait for research to prove that it’s a carcinogen would be foolish. There is absolutely no reason for this product … (Children) can’t go into the tobacco shop and buy cigarettes, but they can go buy this stuff … so I think it’s important we act right away to protect children.”

Although the use of illicit drugs should not be encouraged, this bill was passed for the wrong reasons, said state Rep. Justin Amash, R-Cascade, the only representative to vote against the legislation, on his Facebook account Wednesday.

“This legislation is more about sensationalism than actual public protection,” Amash wrote.
Amash was unavailable for further comment Wednesday.

K2 can cause many adverse side-effects, including a substantially elevated heart rate, vomiting, agitation and seizures, according to the National Drug Intelligence Center’s website.

Often, the side effects of K2 are worse than those of marijuana, said state Rep. Mark Meadows, D-East Lansing, who supported the bill.

“You can argue any way you want about smoking marijuana, but this stuff is really bad for you,” Meadows said.

“(K2) may give you a temporary high that is similar to smoking marijuana, but it can lead to physical problems that marijuana cannot lead to.”

Banning the drug before substantial studies are completed is premature, said Derek Peterson, a salesman with In Flight Sports, 507 E. Grand River Ave., East Lansing, which sells K2.

“There hasn’t really been any studies on its effects on people in the long term,” Peterson said.

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