The Pennsylvania State Senate has moved to ban bath salts and synthetic marijuana. The bill now awaits Gov. Corbett’s signature to be passed into law. Under the proposed bill, bath salts and synthetic drugs like Spice and K2 will be banned and classified as “Schedule 1” drugs.
Penalties for Bath Salts and Synthetic Marijuana
Unless the Commonwealth decides to attach specific penalties to these substances, the penalties for bath salts and synthetic marijuana are:
- Possession with the Intent to Distribute- an ungraded felony with a maximum sentence of up to 5 years in prison and a fine of up to $15,000
- Simple Possession- Up to one year in prison and up to $2500 in fines for a first offense. If it is a subsequent offense then it is up to 3 years in prison with up to $25,000 in fines
- DUI-Drugs- Up to six months in prison, 12 month license suspension and $5,000 in fines for a first offense (see PA DUI Penalties for more details)
Specifically banned under this proposed legislation includes:
Salvia Divinorum; Salvinorin A; Divinorin A; 3,4-Methylenedioxymethcathinone (Methylone); 3,4-Methyenedioxypyrovalerone (MDPV); 4-Methylmethcathinone; CP 47,497 and homologues, 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol); HU-210, [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10, 10a-tetrahydrobenzo[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; Psychedelic phenethylamines; 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E); 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D); 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C); 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I); 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2); 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4); 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P) (Mephedrone); 4-Methoxymethcathinone; 4-Fluoromethcathinone; and, 3-Fluoromethcathinone.
However, banning a substance is one thing, enforcing that ban is another. In reality, do the police have the experience and training to be able to be able to make difference on the street? Do the police crime labs have the correct procedures in place to be able to properly identify these substance? If not (and in my experience they don’t) are we going to see numerous innocent people being charged under these harsh penalties?
If you are charged with a crime related to bath salts or synthetic marijuana, please call 1-866-MCSHANE to speak with an experienced criminal defense lawyer.