The Campaign For DA

5.14.2015

More Thoughts On Synthetic Drugs

After reading about the feds arresting the father and daughter who own the Gas Pipe stores (after taking all their money last year), I was reminded of the silly state of Texas law on synthetic drugs.

I don't want to give you tired head, but the Texas Health and Safety Code 481.1031 lists a ton of synthetic drugs by name that are illegal but adds this huge kicker: It includes anything which   “consists of any quantity of a synthetic chemical compound that is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring cannabinoids.”  Huh? So something is illegal if it is a cannabinoid receptor agonist that isn't actually marijuana but effects you like marijuana? That's the difference between legal and illegal?

The spokesman for the very conservative (but funny) Texas District and County Attorney's Association has said this about the "catchall provision": "That’s a judgment call that no lab chemist can make in court . . . The lab folks say, ‘We can diagram this chemical compound for you, but we can’t tell you whether the effect was similar’”

So how is a person who walks into the Gas Pipe wanting to buy fake weed know what is legal or not?  Hey, if I possess a bag of cocaine but don't know it's cocaine, that's not a crime. (Trust me, I'm right).  Hey, if I walk into Walmart and see a drink labeled "Cocaine Soft Drink", I have every right to believe it doesn't contain real cocaine.  And I would think someone who walks into the Gas Pipe has every right to believe that what he buys is legal as well.

To drive home the point, here's an actual lab report in Texas in a synthetic drug case:

Wow. Think about that. "[I]t has been reported in scientific literature" to be a cannabinoid receptor agonist? That's the exact same thing as saying that it has been decided in scientific literature to be illegal based upon Texas law.  That's how we are supposed to know what violates the law? What literature? Who wrote it? When was it published? Before it was published can we all assume that we had no notice the substance was illegal?  A person could go into a store, buy synthetic weed which has a chemical compound that has never been declared to be illegal, puts it in his drawer and then two years from now a "scientific" magazine in New Jersey comes out and reports that compound is a cannabinoid receptor agonist and that person now possesses something illegal in his drawer? You kidding me?

The War On Drugs is on drugs.

Edit: And somehow, once again, a post like this get interpreted as meaning I support K2.

 




13 comments:

Katy Anders said...

So the Texas legislature wants to ban getting high but can't come up with a good way to word it.

My understanding is that a law MIGHT be found to be overly vague if it doesn't put you on notice as to what behavior is made illegal. How - from the standpoint of the buyer/user - are references to "cannabinnoid receptor" opinions putting people on notice?

Anonymous said...

I'm not sure why anyone would be against the banning of K-2 unless they have already burned up brain cells from smoking it themselves. It is a very serious problem within this state and honestly within our community. K2 was not just arbitrarily banned. It was banned because of the serious side effects that it has, both mentally and physically. If you have ever seen someone high from smoking K2, it is very different from the high from marijuana. It is scary that people really don't see anything wrong with K2. I just hope your children are never introduced to this drug as the side effects are sometimes very permanent.

Anonymous said...

How could we slow down or stop this merry-go-round of marijuana similar mixtures being concocted as work-arounds? Could it be as simple as legalize marijuana, and tax it like we do the Elixir of the Gods, beer? No, that makes too much sense.

DF Cheech & Chong

Anonymous said...

I agree with Mr Cheech and Mr. Chong

DF Red Headed Stranger said...

I agree also

Anonymous said...

I agree, too.

Anonymous said...

I agree as well...

Anonymous said...

Looks like maybe we should just put the issue up for a vote.

Anonymous said...

This fake stuff is the best argument for legalization of the real stuff, that has NEVER killed anyone...

Anonymous said...

BG.... I'm glad there are people like you who point out this type of injustices in laws and how they persecute people.

Not only that, but the piling on of perceieved bad things or people is a societal problem. We need respected people to raise issue ..... otherwise, the overmoralists will throw a good person with a minor situation under the jail.... just because it's a rule. Not because it's hurting anyone, but the black and white rule has been broken no matter what the true nature of it is.

Good people have their lives ruined by things that are meaningless and aren't hurting anyone else..... just because we must be "tough" on anyone who does not toe the society line.

Thanks Barry.... rant over

Anonymous said...

Well, I am intrigued to find this argument here!! While my position on the matter may be against mainstream, I thought I'd share. First, THANK GOD someone (Barry) has the mental capacity to think things out logically. His write-up was right on, and I agree with it 100%...I also agree with what 10:14 Annon. said about K2 and kids, but the issue with K2, spice, incense or whatever you want to call it is the maker and inconsistency of product. When the pile of plant matter is sprayed, if the maker is not careful, the spray will not cover uniformally, meaning some plant matter gets more of the spray than others, meaning it is WAY stronger. I have used "spice" for over five years, daily, in substitute of marijuana because producing a positive THC drug test would cause me my job. I used it (just quit four months ago, and went back to cannabis) for anxiety, sleep disorder and to help with overall mood. It made me a happy, level person. The only reason I used it for so long was because I knew the maker, and trusted his product...When he quit the business (Feb 2015), I quit using and went back to cannabis...There are a lot of makers out there, and greedy people that don't care about their product, or who it hurts, but are just worried about the bottom line...$$$. The rest of the comments here agree with legalization, as do I, but y'all have to realize that synthetic will always be around for the government employees, military or civilian folks that can't pop dirty on drug tests...Cannabis, on a very general average, stays in your system for 30-ish days...The synthetic can be tested for, but it is a VERY expensive process 99% of employers won't pay for. Lastly, on my long rant, I agree kids (under 21)should never have access to K2, spice, w/ever, but I agree with the statement that kids should also not have access to cannabis until of age. I know several places around Houston you can, if the shop owner is comfortable with you, buy spice. It'll always be around for the foreseeable future.

FYI, in case y'all think I'm a hippy stoner (was-college) that is just for the high, I am a 30 something professional with an engineering degree and a very nice salaried position with a great company. I am an American and believe and fight for our country and its citizens and rights.

Anonymous said...

Be careful 7:34, I happen to work for a company that spends a great deal of money testing for K-2. The tests are getting cheaper and more reliable. Just changing a small portion of the chemical additives will not change the overall effectiveness of these tests. I don't really agree or disagree that cannabis should be legal because you can do whatever with your body when you are an adult, but whatever we do, we need to get K2 or any other similar product off the streets before someone screws up on a formula and kills a bunch of kids.

Anonymous said...


10:00pm I was wit chew til u said da black and whit ting. Dose racyist remarcs are none good.
We still mad bout dem blu bell peoples and not gettin de scrawberry and moolinium crunch.
you white peopl better shape up jack.