Beeville and George West banning sale. Also Judges have gone back and added it to allof the prohibited substances that are not allowed to be used by probationers. Unsure about our allegtion in Juvenile petitions about the use of a tabcco product. Don't really think it is a tabacco product. Any thoughts?

Fake weed manufacturers use a lot of different botanicals in their products, including some plants that are purportedly hallucinogenic if used in very high quantities. I haven't run across anybody using tobacco in my research. The important ingredients are the synthetic cannabinoids that are not listed on the packages.

All of our juvenile probationers get this new condition added by our judge:

"Do not use, sell, or possess any drug, inhalant, aromatherapy product, herb, herbal blend, incense, bath salt, bath oil bead, sage, or potpourri containing any substance known or unknown to this Court that upon human consumption creates or is intended to create an effect substantially similar to, or greater than, any controlled substance, including but not limited to: synthetic cannabinoid compounds designated by the prefix "JWH", synthetic cannabinoid compounds designated by the prefix "HU", synthetic cannabinoid compounds designated by the prefix "CP", salvia, piperazine derivatives, TFMPP, mCPP, pFPP, MeOPP, MBZP, as well as any product distributed under the trade name K-2, Spice, Serenity, Serenity Now, Mojo, Ivory Wave, or Angel."

Nobody has challenged this condition yet. Most of our juvi probationers know exactly the substances we are referring to.

HERE'S A NEW TWIST: Suspected JWH-018 substance went to DPS lab and turned out to be regular old marijuana. Turns out our wiseguy juvi packaged $5-worth of pot into "Serenity Now" wrappers and sold it for $20 a package. Happy customers thought they were purchasing a "legal" high that was "just as good as weed - maybe even better!" How's that for brilliant marketing!

[This message was edited by Brett Peabody on 12-09-10 at .]

Perhaps this is why possession of synthetic cannabinoids is not being prosecuted:

"Unfortunately, though, the current unavailability of lab tests for the relevant substances makes
it impossible for local law enforcement agencies to file criminal cases, as the evidence presented
must be sufficient to prove guilt beyond a reasonable doubt. In researching this issue, we
contacted a number of authorities for suggestions and ideas. While it is painfully clear that noone knows for sure what the most effective solution is to this problem; it is agreed that something must be done as quickly as possible to help keep these products away from our kids."

(http://www.planotx.org/City_Hall/agendas/CouncilAgendas/Lists/POMItems/Attachments/141/K2%20and%20Salvia%20Memo%20-%20FINAL%20-%20062410%20(2).pdf)

My question is, what differentiates this new federal legislation (addition to the Federal CSA) from that of Texas' current CSA in terms of how the substance can be tested, etc.? Perhaps Dwain has some insight?

I'm not sure I understand the question, so you may want to ask it more directly if the following answer does not address what you had in mind.

The problem with testing for these synthetic cannabinoids is the lack of an appropriate reference standard for them. As you are aware, there are a number of synthetic cannabinoids being used in these products. JWH-018 and JWH-073 seem to be the most common at the moment. In a laboratory it is necessary to have appropriate reference standards for the compounds being analyzed to be able to have appropriate comparison spectra for court and to use for controls and calibrators when quantitation is performed. As always, laboratories and analytical standard vendors are behind the curve on obtaining and producing these standards. However, the market is responding very quickly. Just this week, I believe, our own Round Rock based Cerilliant has released JWH-073 and have already made available HU-210 and JWH-018. Although the lab I direct does not do this kind of testing, I can provide copies of the mass spectrum of JWH-018 and JWH-073 to any lab that thinks they might be seeing these. However, they can easily get these spectra themselves.

Hope that is what you were asking, if not, try again.

Dwain

I'm told that the DPS Forensic Lab in Houston, the Harris County Institute of Forensic Sciences, the Houston DEA lab, and several area private labs have the test standards and can perform spectral analysis of JWH-018 and several other synthetic cannabinoids at the present time. These labs can provide expert testimony that seems to be on par with the testimony prosecutors routinely present in all other types of drug cases. The chemists from these labs can even present evidence pertaining to the designer's intent to produce an effect substantially similar to controlled substances, which is necessary testimony for prosecution under the analogue statute.

Proving up the substance is not the problem. As I see it, the only reason these cases are not being prosecuted is the reluctance of prosecutors to utilize the rarely-used controlled substances analogue statute.

For a view from the other side, the Texas Narcotics Officers Association is having a free training on synthetics at the Round Rock police department July 14th at 8 AM. You can join TNOA and register at tnoa.org. I'm in my second year of membership and it's worthwhile for any prosecutor who works on drug crimes (which is basically all of us).