Bill to Ban K2, "Spice" Likely in Next General Assembly Session

By Stephen Groves, of Virginia Statehouse News Friday, October 22, 2010

ALEXANDRIA, Va. - It’ll get you high like marijuana, it’s legal and can be bought in tobacco shops and on the Internet.

But “K2” or “Spice” incense that contains “synthetic marijuana” won’t be available for long if several Virginia lawmakers have anything to say about it. A movement to outlaw man-made substances similar to marijuana is gaining ground for the next session of the General Assembly.

“I almost guarantee you’ll see legislation dealing with this,” said Del. Chris Peace, R-Mechanicsville.

These products, which are sold as incense, can be bought at many tobacco or herb shops and even over the Internet. They are often sold in three gram packages with disclaimers like “K2 Incense is strictly for incense purposes only and is not for human consumption. You must be 18 years of age to purchase this product.” A three gram package runs around $30.

Although the disclaimer helps manufacturers get around legality issues, there is growing concern among lawmakers and the public that people are smoking “K2” to get high.

The Drug Enforcement Administration says the effects of smoking it are similar to marijuana because the herbs are laced with “synthetic marijuana.” People who use it report a high lasting from 30 minutes to two hours. But more dangerous side-effects are also reported — vomiting, seizures, breathlessness and increased heart rate and blood pressure. Also, it takes a long time for the chemicals to clear out of the body, so the long-term effects are not fully known. It also does not show up on many urine drug tests.

“Kids think you can buy it over the Internet so it’s not harmful,” said Dr. Rutherfoord Rose, director of the Virginia Poison Center at the Virginia Commonwealth University Medical Center. “It’s definitely causing harm, and you have no idea what you’re putting into your body when you buy these things.”

The Virginia Poison Center does not track how many times people are hospitalized from using the drugs. Rose said they have received a “handful” of cases reported in the Commonwealth. The American Association of Poison Control Centers reported 1,500 calls due to use of “K2” and similar substances across the nation last year. They call it an “emerging phenomenon.”

Earlier this week, the Roanoke Board of County Supervisors unanimously voted to press the General Assembly to outlaw “incense” products such as “K2” or “Spice,” reported the Roanoke Times. In Hanover County, concern is growing as well.

Peace said he met with a Hanover County probation officer who told him people on probation are using it because it does not show up in many drug tests. The county is working to get tests that detect these type of drugs, and will charge people with a non-criminal offense if they are caught using it. But many would like to make it completely illegal.

“I’m very concerned about the harmful effects,” Peace said.

The drug can be a gateway to more drugs, Peace said. After using it, people have a desire for more and to use marijuana.

So far, 10 states have passed laws regulating its use.

Virginia following seems likely. In 2008, the House and Senate unanimously passed a law outlawing the use of salvia, an herb used as an alternative to marijuana.

But marijuana legalization advocates say that outlawing the substance could increase the use of the K2 incense.

“When government bans these products, it often makes them more popular and used,” said Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws, a lobbyist to make marijuana legal.

Because K2 and similar substances are readily available on the Internet, they would be difficult to control.