CrimLaw

Blogging Criminally For Over Ten Years

4/02/2011

No More Synthetic Cannabinoid

After several months of kids going to hospital for smoking "incense" the General Assembly and Governor have passed emergency legislation (in effect immediately) outlawing it:

§ 18.2-248.1:1. Penalties for possession, sale, gift, or distribution of or possession with intent to sell, give, or distribute synthetic cannabinoids; manufacturing.

A. For the purposes of this title, synthetic cannabinoids means any substance that contains one or more of the following and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of one or more of the following:

5-(1,1-Dimethylheptyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497);
5-(1,1-Dimethylhexyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C6 homolog);
5-(1,1-Dimethyloctyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C8 homolog);
5-(1,1-Dimethylnonyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C9 homolog); 1-pentyl-3-(1-naphthoyl)indole (other name: JWH-018);
1-butyl-3-(1-naphthoyl)indole (other name: JWH-073); 1-pentyl-3-(2-methoxyphenylacetyl)indole (other name: JWH-250);
1-hexyl-3-(naphthalen-1-oyl)indole (other name: JWH-019);
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (other name: JWH-200);
(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (other name: HU-210).

B. It is unlawful for any person to knowingly or intentionally possess synthetic cannabinoids. Any person who violates this subsection is guilty of a Class 1 misdemeanor.

C. It is unlawful for any person to sell, give, distribute, or possess with intent to sell, give, or distribute synthetic cannabinoids. Any person who violates this subsection is guilty of a Class 6 felony.

D. If a person proves that he gave, distributed or possessed with intent to give or distribute synthetic cannabinoids only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the synthetic cannabinoids to use or become addicted to or dependent upon such synthetic cannabinoids, he is guilty of a Class 1 misdemeanor. Any person who gives, distributes or possesses synthetic cannabinoids as an accommodation and not with intent to profit thereby, to an inmate of a state or local correctional facility as defined in § 53.1-1, or in the custody of an employee thereof is guilty of a Class 4 felony.

E. Any person who manufactures synthetic cannabinoids or possesses synthetic cannabinoids with intent to manufacture such substance is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000.

F. Any drug not listed in this section or the Drug Control Act (§ 54.1-3400 et seq.), which is privately compounded, with the specific intent to circumvent the criminal penalties for synthetic cannabinoids, to emulate or simulate the effects of synthetic cannabinoids through chemical changes such as the addition, subtraction or rearranging of a radical or the addition, subtraction or rearranging of a substituent, shall be subject to the same criminal penalties as for synthetic cannabinoids.

G. Upon conviction, in addition to any other punishment, a person found guilty of a violation of this section shall be ordered by the court to make restitution, as the court deems appropriate, to any innocent property owner whose property is damaged, destroyed, or otherwise rendered unusable as a result of such synthetic cannabinoid production. This restitution may include the person's or his estate's estimated or actual expenses associated with cleanup, removal, or repair of the affected property.

Ken Lammers . . . Permalink . . . 4 comments 4 Comments:

Anonymous said on April 02, 2011

"No More"?

That sounds awfully optimistic.

To me, it sounds more like "people going to jail for".

It would be interesting to compare how many kids went to the hospital over these things for, say, the six months before this legislation with the next six months.

Ken Lammers said on April 02, 2011

Well, around here every shady operator around started selling the stuff on our side of the border with Tn & Ky. Signs went up advertising K2 et al. by the side of the street. I don't know about other places, but shutting those down is probably going to cut down its availability here drastically.

Anonymous said on April 02, 2011

I was concentrating on demonstrable harm- as you mentioned, kids in hospitals. That's what I'm curious about. Reducing access doesn't mean you're reducing harm.

Anonymous said on September 04, 2011

How about this? Can someone simplify the deffinition of a synthetic canabanoid? And the word analog? Couldnt everyone puplic or private have a different opinion on what could be listed or could be considered a synthetic canabanoid

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4/02/2011

No More Synthetic Cannabinoid

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