DA Rice Calls for Ban on Sale of Synthetic Marijuana Product 'K2' & Spice; Adding Them to Controlled Substances List
MINEOLA, NY – Nassau County District Attorney Kathleen Rice today proposed a statewide ban of the sale of a newly popular synthetic herbs being used by teens called “K2” and “Spice” that are marketed online and in stores as incense, but gives users a marijuana-like high when smoked. The proposed bill would be in the form of an amendment to the State’s Controlled Substances Act and would add certain synthetic cannabinoids, which are contained in K2 and Spice, as substances included in the Schedule I controlled substances schedule. The bill would make it illegal to possess, use or sell these drugs.
Synthetic cannabinoids are very closely related to tetrahydrocannabinol, or THC, the chemical in marijuana which causes users to get high. However, because the compounds in K2, called JWH-018 and JWH-073, are slightly different than THC, they are not covered by existing drug laws. The DA’s proposed bill would criminalize the synthesized cannabinoids which are added to the K2 herbal mixture. It is marketed under several different names, or “blends”, such as Summit, Citron, Blonde, Pink, Spice and Pineapple Express.
The U.S. Department of Justice’s Drug Enforcement Administration is calling one of the compounds in these herbal blends a “drug and chemical of concern.”
“We must keep one step ahead when it comes to new recreational drugs appearing on the market that target our children,” Rice said. “Drugs like marijuana, and now these synthetics, are gateway drugs for young people. Strong legislation that places these synthetic compounds under the Controlled Substances Act will put an end to the easy access of these harmful substances. Parents also need to educate themselves about this latest substance and to be aware of what their teens may be ordering online.”
According to the many websites that sell K2, it contains blends of rare botanicals, extracts, and herbs. Ingredients include: canavalia rosea, clematis vitalba, nelumbo nucifera, pedicularis grand folia, heimia salicifolia, leonurus sibiricus, ledum palustre, blue lotus, baybean and a number of other herbs. It is marketed as incense, but users often smoke it instead. One website states that users will find the K2 blends “extremely potent and inspiring!” and states that “K2 is designed to draw you in and lift you up. The soothing K2 smoke is sure to inspire, elevate and enlighten. K2 Summit’s effect lasts a little over an hour and relieves pain.”
Kansas became the first state to ban the synthetic marijuana in March, making it a felony to sell it and a Class A Misdemeanor to be in possession of it. The New York State law proposed by Rice would carry the same penalties as the Kansas law.
“As Long Island struggles with a major opiate crisis, K2 poses yet another threat to our young people,” said Dr. Jeffrey Reynolds, Executive Director of the Long Island Council on Alcoholism and Drug Dependence. “With psychedelic packaging and brand names like ‘HappyDaze,’ ‘Buzz,’ and ‘RastaBlendz,’ manufacturers and retailers know they aren’t peddling air fresheners. The ingredients in these products vary widely and in reality, kids don’t know what they’re smoking. That alone places them at risk and LICADD thanks District Attorney Rice for once again pushing for changes that will safeguard the health, safety and well-being of our kids.”
“I applaud the District Attorneys efforts to propose legislation that will ban the purchase of K2,” said Jamie Bogenshutz, LCSW, CASAC, and Executive Director of YES Community Counseling Center. “We have lost far too many children to the profound consequences of drug use and certainly, having easy and legal access to a product, allows for the misinterpretation of its effects. We all need to take an active role to eliminate the perception that any type of mood enhancer, especially one that seeks to mimic marijuana, has a place in our communities.”
While there is currently a pending bill concerning K2 in the state legislature’s Consumer Protection Committee, Rice said that her proposed bill will add the synthetic marijuana compounds to the list of Controlled Substances, making it a crime to both possess and sell any product that contains the substances, regardless of what the product itself is called. In addition, Rice’s bill makes it a criminal offense to sell or possess the synthetic marijuana substances. The “K2 bill” in the Consumer Affairs committee makes the offense only a business violation.






