New State Law in Illinois Ushers in Synthetic Drug Crackdown

August 18, 2012 (Press-News.org) Several high profiles news stories in the past few months have upped the ante in a growing national campaign to combat synthetic marijuana and other "designer drugs." While a handful of cases have featured graphic and sensational behavior, against a national backdrop, problems associated with synthetic drug use have remained a relatively minor blip on the radar screen.

Yet, media attention on an issue that it's easy for politicians to be "tough on" can quickly focus the public dialogue. In Illinois, that focus has played out in the form of a new synthetic drug law signed by Governor Pat Quinn on July 31.

Law Features Sweeping Definitions, Harsh Penalties

The language of the new law was drafted by the Illinois Attorney General's office. The measure makes changes to the state's Food, Drug and Cosmetics Act that make it easier for prosecutors to target users and providers of synthetic drugs.

Specifically, the law designates any product that contains a controlled substance not regulated by the FDA as a "synthetic drug." Lawmakers hope this redefinition will curb the manufacturing practice of switching to new formulas in order to sidestep laws that ban specific chemical compositions. The law makes any chemical compound that is sold to be taken as a recreational synthetic drug illegal, regardless of the product's packaging.

Penalties for purveying synthetic drugs are substantial under the new law: selling or possessing with intent to distribute anything that is now considered a synthetic drug is a class two felony. First time offenders may face three to seven years in prison and a $100,000 fine.

Caught With K2, Spice, Bath Salts Or Other Designer Drugs? You Need an Attorney

The new Illinois drug law became effective immediately with the governor's signature, and could put retail establishments with an existing inventory in a tough spot. Synthetic cannabinoids popularly known as "K2" or "spice" were formerly being sold over-the-counter in certain stores, as were "bath salts," the term used to denote synthetic cathinones.

Possession of even a relatively small amount of anything that meets the new definition of a synthetic drug is now a serious crime in Illinois. If you think you may have an issue under the new law contact a criminal defense attorney.

Article provided by Wolfe & Stec, Ltd.
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