New Illinois Law Targets Synthetic Drug Sellers

December 06, 2012

Article provided by Borsberry Law Offices, P.C. Visit us at www.borsberrylaw.com
Synthetic drugs have become more regulated in Illinois. Governor Pat Quinn signed a law criminalizing the sale of synthetic drugs and possession with the intent to sell. The Illinois Attorney General pushed the issue, hosting a summit last year to bring awareness to the dangers of synthetic drugs.

"Operation Smoked Out"

The law is aimed at the sale of synthetic drugs in retail stores. In December 2011, the Attorney General targeted retail stores and initiated sweeps of the stores in what was called "Operation Smoked Out." Since then, 31,000 packages of both bath salts and synthetic drugs were taken from stores. The value of the synthetic drugs and bath salts was $689,000.

The Attorney General also met with the Attorney General from Indiana and law enforcement from both states to discuss strategies and information they have gained from their respective fights against synthetic drugs.

Many other states have passed similar laws to combat the sale of synthetic drugs. The federal government is even getting in on the action. The federal law is aimed at the sale of synthetic bath salts, synthetic marijuana and synthetic hallucinogens. The maximum sentence for selling small amounts of the products is 20 years in prison and a fine of $1 million. This changes if the drug caused serious bodily injury or death. The maximum turns to life in prison and the minimum becomes 20 years.

Jail time and Fines

The law is already in effect and those convicted of these drug crimes face harsh penalties. It is a felony to sell or possess the drugs with the intent to distribute them. Individuals convicted under the law may serve three to seven years in prison and will have to pay $100,000.

The law defines synthetic drugs as any product that contains a controlled substance that is not regulated by the Food and Drug Administration. This definition comes from the idea that the sellers of synthetic drug manufacturers make their packages intentionally misleading by saying that they are not intended for human consumption. Synthetic drugs are usually sold as incense, bath salts or potpourri.

During the sweeps in December, store owners said they did not know that what they were selling was illegal, especially because the packages said that the products were not for human consumption.

The penalties for the sale or possession of synthetic drugs with the intent to distribute them are serious. Illinois residents facing charges under the new law have important rights at stake. A criminal law attorney is of great help to those facing charges under this new law.

Article provided by McCamy, Phillips, Tuggle & Fordham, L.L.P.
Visit us at www.mccamylaw.com