In recent years, many legislative efforts have focused on so-called designer drugs, both at the federal and state levels. Many legislatures have tried to enact laws that will restrict the distribution, creation, and use of these drugs. There have also been many strides to educate the general public about designer drug risks.
Laws and regulations that apply to designer drugs are fairly new, and many issues continue to arise about how authorities should enforce, charge, and prosecute these laws. If the police recently arrested you on a designer drug charge, you need an experienced criminal defense lawyer on your side. The skilled attorneys at Martin & Kent, L.L.C., understand these new laws and regulations and are ready to offer you tough and aggressive representation in the courtroom and throughout your case.
What Are Designer Drugs?
Designer drugs, otherwise known as “synthetic drugs,” are chemicals manufactured and often later sprayed on certain plants to emulate the effects of marijuana. The Illinois legislature recently enacted a law that amends the Illinois Food, Drug, and Cosmetics Act. The new law puts a stop to deceptive labels that companies place on these drugs, and that are used to mislead consumers into thinking that the drugs are actually legal. In fact, they are illegal.
Under the current version of the Illinois statute, a synthetic drug refers to any product containing a substance that qualifies as a controlled substance under the Illinois Controlled Substances Act. The state has added some chemical substances to this list of controlled substances. These include cathinones and cannabinoids. While cannabinoids have certain compounds that act like marijuana, the compounds that are present in cathinones act like methamphetamines or cocaine.
Common Types of Synthetic Drugs
If you are caught possessing or distributing synthetic drugs, you are subject to arrest in Illinois. A guilty finding or a conviction in court can subject you to other criminal penalties.
One problem with synthetic drugs is that they are extremely difficult to regulate. Many of these drugs are sold as merchandise at common retail outlets under a false name and labeled as “not fit for human consumption.” This attempts to keep regulators away. Some of the most common designer drugs that can lead to an arrest (such as for possession or distribution) include:
- Spice – Spice is also sometimes known as fake weed, potpourri, K2, or herbal incense. Pursuant to statistics by the National Institute on Drug Abuse (NIDA), this drug recently became popular with teenagers and young adults. It is accessible, and most standard drug tests will not detect its presence in the body. Moreover, many spice users are under the mistaken impression that the drug is legal, natural, and safe. Teenagers and young adults usually ingest spice by smoking it, inhaling it through vaporizer pens, or brewing it as tea. It has become increasingly available at gas stations, drug paraphernalia stores, and over the internet. Spice manufacturers also commonly use fake names to hide their products’ true identities. Those fake names include Kush, Joker, and Black Mamba.
- Bath salts – Bath salts are also commonly known as plant food or jewelry cleaners. They usually come in the form of a powder and are sold in packages that state that they are not intended for human consumption. People may also refer to bath salts by names like Lunar Wave, White Lightning, and Vanilla Sky. Users can ingest them by smoking, snorting, or swallowing.
Why Synthetic Drugs Are Illegal
Synthetic drugs are illegal in Illinois because officials associate these drugs with a large number of health risks, including altered moods and perception, psychosis, confusion, paranoia, and hallucinations. In some cases, using synthetic drugs can result in emergency rooms visit due to vomiting, increased heart rates, violence, or suicidal thoughts.
Bath salts, specifically, can result in depression, anxiety, paranoia, panic attacks, increased sex drive, and nosebleeds. As with all types of drugs, the after-effects can differ significantly, depending on the person.
Synthetic Drug Crimes Can Lead to Arrests
In Illinois, it is illegal to distribute—or possess with the intent to distribute—a synthetic drug. The same is true for an improperly branded synthetic drug product. Either is a Class 2 felony charge for which police can arrest you. A conviction for this offense can subject you to a maximum fine of $100,000 and a jail term lasting between three and seven years.
Simple possession of bath salts and spice are also felony offenses in Illinois. This is because Illinois designates both of these designer drugs as controlled substances. A crime of synthetic drug possession is a Class 4 felony. A conviction can result in a maximum fine of $25,000, along with one to three years in jail.
In addition to these crimes, it is illegal in Illinois to engage in false advertising of a synthetic drug—or to use misleading packaging to “hide” the true contents of the packaging. This is a Class 3 felony, and a conviction can result in a maximum $100,000 fine, as well as two to five years in jail.
The federal government has also enacted the Synthetic Drug Abuse Prevention Act, which can subject a designer drug possessor or user to further penalties.
Call an Experienced Wheaton and DuPage County, Illinois, Criminal Defense Lawyer About Your Drug Charge Today
A designer drug arrest and conviction can land you in serious hot water. The skilled criminal defense lawyers at Kent Law, L.L.C., can review your charge and offer you aggressive, results-oriented representation in the courtroom and beyond.
To schedule a free consultation and case evaluation with an experienced Wheaton and DuPage County, Illinois, criminal defense lawyer, please call our free 24-hour hotline at (630) 474-8000 today.