Criminal Law Headline

Illegal Incense

Certain states permit limited marijuana use for medicinal purposes.  No state accepts its widespread use, especially for recreational purposes. While there are scientific results that prove the effectiveness of doctor-recommended marijuana for serious medical conditions, there are no such studies that conclude the same about marijuana substitutes.

Recently, there is a substance known as K2, Spice, Demon, Genie, Zohai, and some other names, which is being used by some as a substitute for marijuana.  The substance is nothing like marijuana, however, and may be much more destructive to the human body.  It may be causing death to some of its users, but at a minimum, it is sending people to the hospital based on near-death experiences.

The substance has been marketed as a type of incense.  It has already been banned by many states.

If the federal government wished to ban the substance, it could easily do so.  Production of K2 has a substantial effect on supply and demand in the national market for the substance.  There is a rational basis for believing that failure to regulate the intrastate manufacture and possession of K2 would substantially affect interstate commerce.

K2 could eventually be classified under the Controlled Substances Act.  If so, it would become unlawful for any person knowingly or intentionally manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense K2.