Common chemical compounds found in synthetic cannabinoids (K2/Spice) and synthetic cathinones (Bath Salts/Plant Food) added to list of Schedule 1 controlled substances.
New Schedule 1 Substances and Penalties
MCL 333.7212 was amended to include the common chemical compounds and structures found in synthetic cannabinoids and synthetic cathinones to the list of Schedule 1 controlled substances.
MCL 333.7401 – manufacture, delivery, or possession with the intent to deliver is a seven-year felony.
MCL 333.7403 – possession is a two-year felony.
MCL 333.7404 – use is a one-year misdemeanor.
Synthetic cannabinoids, commonly known as “synthetic marijuana”, “K2”, or “Spice” are marketed as “herbal incense”, “herbal smoking blends”, “incense”, or “potpourri” and are regularly distributed in small packages containing a mixture of herbs and plant material. These products are usually smoked by users and when consumed, allegedly mimic the effects of marijuana.
Use of these products has been linked in the media to violent behavior, seizures, elevated heart rates, anxiety attacks, hallucinations, and death.
Common brand names include Black Mamba, Blaze, Chronic Spice, Dead Man Walking, Earthquake, K2, K2 Summit, K3, K3 Legal, Kush, Mr. Nice Guy, Mystery, Pulse, Red X Dawn, Skunk, Spice, Spice Gold, Spicylicious, Yucatan Fire, and Zohai.
Synthetic cathinones are marketed as “bath salts” and “plant food” and are regularly distributed in powder, crystal, and liquid form in small packages and plastic containers. These products are typically ingested, inhaled, injected, smoked, or snorted and when consumed, allegedly mimic the effects of cocaine and methamphetamine. Use of these products has been linked in the media to violent behavior, agitation, paranoia, hallucinations, chest pain, seizures, and death.
Common brand names include Aura, Bliss, Blow, Blue Silk, Bubble Love, Charge+, Cloud 9, Cosmic Blast, FrogE Magic Plant Food, Hurricane Charlie, Ivory Snow, Ivory Wave, MDAI, MDPV, Molly’s Plant Food, Ocean and White Lightning. Synthetic Cannabinoids and synthetic cathinones are generally sold in gas stations, convenience stores, head shops, and novelty shops in packages and containers often marked “not for human consumption”.
New Offense for Simulated Schedule 1 Effects
MCL 333.7417 was added to prohibit a person who knows that a named product contains or previously contained a Schedule 1 controlled substance from selling or offering to sell any other product while representing that it contains an ingredient that produces the same or similar effect as that Schedule 1 ingredient. Violation is a four-year felony. Essentially, this means that it is a felony to sell a product, otherwise legal, and claim that it’s consumption or ingestion will produce a similar effect to a Schedule 1 substance.
“Named product” means either of the following:
A product having a designated brand name.
A product having a street or common name with application sufficient
to identify the product as a specific product within Michigan or a local
unit of government.
Constitutional Rights Must Be Protected
Police Officers are reminded that a search warrant is required to conduct a search or seizure unless the search or seizure falls under one of the recognized exceptions to the search warrant rule. There is great public rage at the moment regarding these substances and the worry is that officers will either rush to judment when a crime is not being committed or violate a person’s constitutional rights in their zeal to make an arrest for Possession with Intent to Deliver K2 or other related substance. If evidence is legally obtained, a Motion to Supress or a Motion to Dismiss due to illegal search and seizure may be appropriate.
Michigan Criminal Defense Attorney
We are attorneys that handle misdemeanor and felony drug cases in federal court and state courts, including but not limited to: Oakland County, Wayne County, Washtenaw County, Livingston County, and Macomb County.