Article that explains that not all spice is illegal, unfortunately

Discussion in 'Substance Abuse' started by Wakegirl, Mar 12, 2013.

  1. Wakegirl

    Wakegirl Member

  2. Nancy

    Nancy Well-Known Member Staff Member

    Spice is illegal in all states on the federal level. However head shops have tried to get around it by changing one or more ingredients and therefore the states have to enact laws that cover every compound. My husband has several clients who have had there establishments closed because they "thought" they were within the law by having one different ingredient. That did not matter to the feds. When husband gets home I will try to find out how they get around it.
     
  3. Nancy

    Nancy Well-Known Member Staff Member

    OK here is the deal. The federal government has defined spice and synthetic drugs in a way which would make it illegal even if they changed the ingredients. Each state can adopt the federal schedule to make it illegal by state laws also. Even if those states do not adopt the same standards, it is illegal in federal courts. Most states have adopted the same federal guidelines which makes it illegal both in the federal and state eyes. Some states, I guess Tennessee being one, has not yet done so. It's not difficult to do so if Tennessee wants all spice and synthetic drugs to be illegal they should adopt the same drug schedule that the feds have. It is still not legal in Tennessee to use spice, however until the state adopts the same standards the feds would have to prosecute and they probably won't go after small time users and state laws are not yet enforceable until those states use the federal guidelines.
     
  4. Wakegirl

    Wakegirl Member

    Thank you, Nancy!! I hope you don't think I was trying to argue your point. That's not the case!!! :) It's just a tricky situation, but I now understand it better. Just wish they (Tennessee and anywhere else that it's sold) would take this stuff off of the streets! I've written the governor several times now, and I won't stop until something is done!
     
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