Health Board drafts ban on synthetic ‘pot’ sales

— The Arkansas Board of Health on Friday will consider adopting a rule that would ban the sale of K2 and other synthetic marijuana products, the state Health Department announced Monday.

The proposal, which follows bans in several Arkansas cities and counties, was prompted by “new research results from the State Public Health Laboratory and the State Crime Laboratory” about the drug, which is commonly marketed as incense, the department said in a news release late Monday.

“We have learned that both the potency levels of the drug itself and the consistency with which it is applied varies a great deal in samples we have obtained here in the state,” Joe Bates, the Health Department’s chief science officer, said in the release. “What that means is that there may be no way to know when you are about to inhale too much of this drug,which concerns us especially when it is being used by young people and children. The specific biological effects and interactions among these chemical compounds are largely unknown.”

According to a draft of the proposed regulations, the Arkansas Poison Control Center has received 26 reports from hospitals and doctors of “patients presenting with symptoms consistent with the use of these synthetic marijuana products and 19 admitted using them.”

The regulations don’t describe the symptoms of the Arkansas patients but note that “Poison Centers nationwide have reported 352 cases in 35 states where patients often have a rapid heart rate, dangerously high blood pressure and sometimes hallucinations or paranoia.”

The rule would make the sale of synthetic marijuana a misdemeanor punishable by a fine of up to $500 and up to a month in jail. Companies or people found in violation could also face a civil penalty of up to $1,000.

Gov. Mike Beebe, who would have to approve the rule, was briefed on the proposal last week and supports the change, spokesman Grant Tenille said.

“I believe the evidence that we have had some emergency room admits related to it is among the reasons” Beebe supports the ban, Tenille said.

According to the regulations, synthetic marijuana is marketed under the names K2, Spice, Genie, Blaze, Red X, Dawn and Zohia. The substances are “believed to be manufactured in China and were invented to study the effects of cannabinoids on the brains of mice,” the regulation say.

The chemicals “have not been tested or approved for use by humans in the United States, and the Drug Enforcement Administration has listed these substances as ‘drugs of concern’” the regulations say.

While there is no federal law prohibiting the sale of the chemicals, Kansas, Kentucky and Alabama have banned them, and legislatures in Georgia, Missouri and Tennessee have passed bans that will take effect unless vetoed by their governors.

In Arkansas, Benton, Baxter, Crawford, Faulkner, Van Buren and Greene counties have passed bans, as have the cities of Alpena, Springdale, Lincoln, Russellville and Paris.

Arkansas’ rule would prohibit the distribution or sale of the chemicals and would make it illegal for any person or business to “participate inthe marijuana products market,” which is defined as “to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of any synthetic marijuana product.”

The regulations cite as their authority Arkansas Code 20-7-109, which allows the Board of Health to regulate, among other things, “the proper control of chemical exposures that may result in adverse health effects to the public.”

An emergency clause would allow the regulations to take effect without the normal requirements for public notice. Under Arkansas Code 25-15-204, such emergency rules can remain in effect for 120 days.

Health Department spokesman Ed Barham said the department also plans to seek permanent rules at the same time as the emergency measure.

“It’s a parallel effort,” Barham said. “This allows us to go ahead and put something in place while the regular rule-making process runs its course.”

Sen. David Johnson, D-Little Rock, said the rule would be a “helpful interim solution” until the Legislature can address the issue at its regular session in January.

He said he plans to propose legislation that would allow the Board of Health to classify synthetic marijuana as a Schedule VI Controlled Substance - the same classification as naturally grown marijuana. That would outlaw possession of the chemical and allow for more serious penalties for selling it.

Rep. Jim House, D-Fayetteville, also applauded the Board of Health proposal. Banning the sale of the chemical should be enough to keep it out of people’s hands, he said, even if possession itself isn’t illegal.

“I’m very comfortable with that solution, even if it’s a temporary solution,” House said.

Arkansas, Pages 9 on 06/29/2010

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