New Law In Indiana Dictates Severe Penalties For Selling Synthetic Drugs

December 12, 2012

New law in Indiana dictates severe penalties for selling synthetic drugs

Recently, Indiana legislators passed a law focused on preventing the sale of synthetic drugs. The law imposed strict penalties on store owners found to be in violation. If a store is found to be selling a synthetic drug -- or, in certain cases, substances similar to the drug -- it could lose its retail certificate for one year. In addition, the store is responsible for paying for expenses associated with subsequent court proceedings, such as lab testing and court fees.

Store owners were given notice in September that they would be prosecuted if they were found to be selling synthetic drugs. They were given just one week to comply with the notice.

In Indiana, over 60 synthetic compounds, including bath salts, were added to the list of banned substances just this year. In addition, as the makeup of the chemical compounds in synthetic drugs can change frequently, legislators enacted the look-alike statute, which widens the scope of illegal substances. Consequently, the number of people who are faced with criminal chargesfor dealing with such substances will likely increase.

Since the implementation of the law, police officers in Indiana have already cracked down on stores that have continued to sell synthetic drugs. One store owner was recently charged with 18 felonies. Law enforcement officers alleged he was selling synthetic drugs and claimed to have seized over 1,000 packets of drugs. The owner faces drug charges under the synthetic drug statute and the look-alike statute.

Usage and sales of synthetic drugs on the rise in the US

Synthetic drugs include both synthetic marijuana -- also known as "Spice" or "K2" -- and other synthetic products, such as bath salts. The use of these drugs is reportedly on the rise. According to the 2011 Monitoring the Future survey, 11.4 percent of high school seniors used either K2 or Spice during the year.

The rise is also noticeable when comparing the number of calls made to poison control centers due to synthetic marijuana and bath salts. The American Association of Poison Control Centers reported that the number of calls due to synthetic marijuana doubled between 2010 and 2011. As for calls relating to bath salts, the number increased by over 20 times between 2010 and 2011.

In addition, the number of different types of synthetic drugs has risen in recent years. One of the newest substances, referred to as "Smiles," is mainly being sold over the internet and has already been labeled as a Schedule 1 controlled substance.

If you have been charged with a crime involving synthetic drugs, this focused effort on the part of law enforcement officers could be to your detriment. Consequently, consulting with a skilled criminal defense attorney soon after the arrest will ensure a strong defense is established on your behalf.

Article provided by Leonard, Hammond, Thoma & Terrill, Professional Corporation
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