New York Cracks Down on Synthetic Drugs

State will vigorously pursue all civil and criminal remedies against businesses that sell the illegal substances, often disguised as potpourri or incense.

July 18, 2016

ALBANY – New York Gov. Andrew Cuomo announced last week new enforcement actions to combat the illegal sale of K2 and other synthetic drugs.

“The evolution of synthetic drugs is an alarming public health risk—but we are on the front lines of the battle,” Cuomo said. “The state will continue to identify emerging compounds that put users in danger and aggressively chase down sellers of these toxic substances."

New York will vigorously pursue all available civil, criminal and administrative remedies against any business or business owner found to be manufacturing, possessing for sale or selling illegal synthetic drugs. Under current law, an owner of an establishment, as well as any other person possessing, distributing, selling or offering prohibited synthetic drugs for sale, will face a fine up to $500 and/or up to 15 days in jail. Civil penalties include a fine up to $2,000 per violation.

Synthetic cannabinoids are marketed as legal and typically consist of plant material coated by chemicals, which are supposed to mimic THC, the active chemical compound in marijuana. The drugs are marketed as incense, herbal mixtures or potpourri to mask their true purpose. Street names for substances include Spice, K2, Green Giant, Smacked, Wicked X, AK-47, Geeked Up, Ninja, Caution, Red Giant and Keisha Kole.

In recent years the prevalence of the use of so-called synthetic drugs has been increasing in many communities across the country. Some independent retailers have been selling these illegal products under the table. Unfortunately, some press reports have erroneously implied that many reputable convenience retailers have been selling these illegal products as well. NACS supports legislation by U.S. Rep. Charlie Dent (R-PA) that targets the producers and distributors of these drugs by making it easier for the Drug Enforcement Administration to target and penalize them. Nothing in this legislation would have a negative impact on reputable convenience stores.

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