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Synthetic Drug Ban on Chemicals Used

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The passage of SB 1006 into law means that the chemicals found in the synthetic drug, such as "bath salts" are banned, not the synthetic

By Attorney Elisabeth K.H. Pasqualini, Criminal Defense Lawyer, Harrisburg, PA

I was recently asked by an individual that posted a response to our blogsite:

"Does this mean that synthetics are banned across the board, or just the chemicals that were currently used in those products?"

The short answer is "no."  "Synthetics" are not banned across the board, however, many of the chemical compounds contained in those substances are banned.  This makes it difficult to predict which synthetics offered for retail sale are legal and which are illegal.  Suffice it to say, if one is offering a substance that's primary effect is to get one high in some way, the likelihood that it is a banned substance is highly likely.  SB 1006 contains a list of chemical compounds found in synthetic or designer drugs that are illegal.  The new compounds are as follows:

Hallucinogenic substances, their compounds or derivatives:

Salvia Divinorum; Salvinorin A; Divinorin A; 3,4-Methylenedioxymethcathinone (Methylone); 3,4-Methyenedioxypyrovalerone (MDPV); 4-Methylmethcathinone (Mephedrone); 4-Methoxymethcathinone; 4-Fluoromethcathinone; 3-Fluoromethcathinone.

Synthetic Cannabinoids

CP 47,497 and homologues, 2 - [ (1R,3S)-3 -hydroxycyclohexy l ] -5-(2-methyloctan-2-yl)phenol);

HU-210, [ (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10, 10a-tetrahydrobenz o [ c ] chromen-1 -ol ) ];

HU-211, (dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a tetrahydrobenzo [ c ] chromen-1-ol);

JWH-018, 1-Pentyl-3-(1-naphthoyl)indole; JWH-019, 1-Hexyl-3-(1-naphthoyl)indole; JWH-073, 1-Butyl-3-(1-naphthoyl)indole;

JWH-200, (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone; JWH-250, 1-pentyl-3-(2-methoxyphenylacetyl)indole.

The specific definition of what a "synthetic" drug is or will be is the issue.  There are a laundry list of additional substances found in illegal narcotics that are also in the Act.  It should likewise be noted that police do not currently possess field test equipment for these compounds.  So a street determination of what's in a synthetic is unlikely or nearly impossible.  However, a synthetic will be sent to the State Police Crime Lab for further analysis and a specifc determination of content.

If you've been arrested for possession, dealing, or driving under the influence of a synthetic drug, contact the experienced team at Shaffer & Engle Law Offices, LLC toll free or email us today.

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