The Momentum to Criminalize "Spice," the Legal Marijuana

November 06, 2010

Criminalizing "spice" is the latest aggressive agenda of many state and local jurisdictions, including Utah. The spice found in a common household kitchen cabinet is not the target, but a mixture of herbs and chemical ingredients (labeled as "spice") that creates effects similar to marijuana when smoked.

Regardless of uncertainty over any long-term health implications of smoking spice and the likely practical effects of a ban, law makers and law enforcement officials across the nation are jumping on board and passing regulations to curtail its use. A total of 11 states have banned spice since last month. In Utah, many cities and counties including Logan, Ogden, Cache County and Utah County, have all banned the sale, use or procession of spice.

What is Spice?

The particular spice in question is a leafy, herbal mixture sprayed with a synthetic cannabis chemical. When smoked, this spice produces results similar to those that occur when marijuana is smoked. Currently, spice is sold legally in most states as incense. It bears a label that says "not for human consumption," yet spice is often smoked as a legal substitute for marijuana.

Spice interacts with the same receptors in the brain that marijuana does, and reportedly results in a high similar to that of marijuana but shorter and more intense. Spice also creates physiological reactions similar to marijuana, including:
- Loss of cognition
- Slow response time
- Dilated pupils
- Reddened eye tissues

The Invention of Spice

John W. Huffman, an organic chemistry professor at Clemson University, was exploring the relationship between chemical structure and biological activity for a specific class of cannabinoids, the active chemical ingredient in marijuana. Specifically, the professor wanted to analyze the receptors in the brain that respond to marijuana in order to support the development of new pharmaceutical products to treat conditions like nausea and glaucoma. An undergraduate student, assisting with the research, created the chemical compound in spice. Someone most likely read about the research study and recreated the chemical for a new use.

Because spice is fairly new and the chemical was not created for this type of use, questions remain about possible negative health effects of smoking spice and if spice regulation or prohibition, if any at all, is needed.

Advocates of the Ban

Individuals who favor banning spice say that the product, unfortunately, is regulated based on its intended use, not actual use. Anti-spice advocates say that despite being sold and regulated by the U.S. Food and Drug Administration as a home air freshener, people are consuming the product instead. Some smoke shops that carry spice may say they will not sell the product to a customer who appears to intend to smoke it, a drug recognition expert at the Utah County Sheriff's Office said people are not likely to pay $30 for a product that simply makes their homes smell like burnt grass.

Criminalization advocates also say the spice carries potential health risks for individuals inhaling the herb. Long-term health consequences of smoking spice are unknown. However, some medical professionals warn it could be harmful, but this is an unsubstantiated speculation.

Law enforcement officials, in particular, also argue that individuals driving under the influence of spice pose significant hazards to other drivers and pedestrians. They contend that people's intent of consuming spice is similar to marijuana--to get high and impair one's behavior and mood. Some say that since studies indicate individuals driving under the influence of marijuana cause accidents and fatalities, so will spice users. Nevertheless, these conclusions are self-serving and arrive without any validating studies.

Spice Supporters

Individuals who oppose criminalizing spice argue that, similar to historical prohibitions, the ban will most likely spur alternatives that may be much worse than the original product.

Supporter of spice further argue that the scientific community recognizes the beneficial purposes of marijuana--the drug spice is compare to--so spice should also be recognized for its similar benefits.

Retailers who sell the product also say that spice is a big-seller and would harm sales if made illegal.

The Penalties of Spice in Utah

Logan, Ogden, Cache County and Utah County have all made spice a class-B misdemeanor, punishable by up to six months in jail and a fine of up to $1,000, to posses, manufacture or distribute spice in the city or county. Utah state legislators plan to address state spice regulations next season.

Article provided by Greg S. Law, PLLC
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