The Justice Be Done - Badge
Badge
Seal of the Supreme Court of the United States - Badge
The National Trial Lawyers / Top 100 Trial Lawyers - Badge
Nationally Ranked Superior DUI Attorney 2014 - Badge
JUSTIA 10 - Badge
State Bar of Arizona - Badge
Lead Counsel Rated - Badge
National Association of Criminal Defense Lawyers NACDL Member - Badge
Avvo Client's Choice Award 2017 / DUI 2017 - Badge
National College for DUI Defense / General Member - Badge

DEA EMERGENCY BAN ON SYNTHETIC MARIJUANA

Law Office of James Novak

Breaking News Article by: James Novak, Arizona DUI & Criminal Defense Attorney According to a press release by The United States Drug Enforcement Administration (DEA), officials, are using their emergency authority to temporarily control using, possessing, or selling any of five main chemicals used to make synthetic Marijuana (fake pot). This move has been made by the DEA as a move to study whether or not to permanently control or ban these substances.

An amendment to the Comprehensive Crime Control Act of 1984 to the Controlled Substances Act, gives the DEA authority to emergency schedule an “abused, harmful, non-medical substance in order to avoid imminent public health crisis while the formal rule-making procedures described in the CSA are being conducted.”

The chemicals include JWH-018, JWH-073, JWH-200, CP-47,497, and cannabicyclohexanol. Smokable herbal blends which have, in the past been advertised as being “legal” in the past, which is not the case. Complaints reported indicate that these substances mimic the effects of smoking actual marijuana and its’ active ingredient THC. Such plant materials coated with these chemicals and substances have not been approved by the Food and Drug Administration (FDA) as being safe for human consumption, and are not legal. Further, there is no legal governing oversight n the manufacturing process, sales, or distribution. Brands marketed as “incense” intended to hide their real use of fake pot or synthetic marijuana include but are not limited to the popular labels such as “Spice,” “K2,” “Blaze,” and “Red X Dawn”.

A “Notice of Intent to Temporarily Control” by the DEA was published in the Federal Register on November 24, 2010, to make the public aware of their action. Within 30 days, DEA will then publish a “Final Rule to Temporarily Control these chemicals for at least 12 months with the possibility of a six-month extension in the Federal Register. They will be designated as Schedule I substances. Schedule I substances are the most restrictive category. This category is designated for unsafe, highly abused substances with no medical usage.

more If you have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona and surrounding cities. This news article is intended to provide general information only, to generate discussion, and increase awareness of a particular topic. It is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

Arizona Criminal Defense Attorney Blog

Arizona Court’s Opinion Reinforces Case Law Dictating Trial Court Jurisdiction Over Defendants Over Eighteen Years of Age In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment...

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no...

“Motive” as a Reason to Admit Otherwise Inadmissible Evidence at Trial When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as...

Contact Us

  1. 1 Free Initial Consultation
  2. 2 Available 24/7
  3. 3 Former Prosecutor

Fill out the contact form or call us at (480) 413-1499 to schedule your free consultation.

Leave Us a Message