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Legal Commentary
: PrawfsA Different Kind of K-2 High
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
I saw an interesting article out of Ft. Wayne, Indiana today about K-2, a synthetic herb that is sold for aromatherapy purposes and as incense but is also "marketed" to teens as a way to get high (supposedly it has marijuana-like side effects--but see below--and has a much more powerful high than THC, marijuana's active ingredient). K-2 was originally created in 1995 by a chemistry professor named John Huffman, for the potential treatment of nausea and glaucoma and as an appetite stimulant. The recipe for Huffman's compoud was allegedly published in a scientific journal, where manufacturers in Korea and China adapted it and turned it into a liquid that is sprayed onto a herbal blend. The creator of the active ingredient used in K2 warns that side effects can include hallucinations and delusions, elevated blood pressure, vomiting and even seizures. These side effects are not typical for marijuana users.
K-2 is banned in most of Europe. Some states such as Iowa, Missouri, Kansas, and Kentucky have banned the substance. Legislation is pending in Alabama, Georgia, Missouri, and Tennessee, and Illinois, Louisiana, Michigan, New Jersey, and New York are considering bills to outlaw K-2. It is still legal in other states, including Indiana. Ft. Wayne is considering a bill to ban the sale and use of this substance; it is currently sold in several local gas stations and is sold as incense. Stores in Texas and Oklahoma, however, only sell to patrons over 18.
Opponents are saying that K-2 is a safe alternative to alcohol. Last month, however, someone crashed his car into a private home after smoking K-2 and said that he saw a "3-D cartoonish character" before the accident.
It seems a "no-brainer" to me that if marijuana is illegal, then synthetic substitutes for it should be as well. It's strange to look at these issues from a parent's perspective--I'm glad my kids are all under the age of 3 (one of the few contexts in which I can say that!).
Full post as published by Prawfs on July 28, 2010 (boomark / email).
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