by Nathan Lewey, BA

Synthetic marijuana is a fast-growing trend here in the United States. There are of course advocates for both sides, for and against its manufacture and use. Also, due to “fake pot’s” relatively recent emergence, there are many Americans who remain unaware of these contemporary synthetic substances. These products are becoming more and more widely used and distributed every day. And whether you are for or against this newer take on an age-old activity, one thing is for certain, it seems to be here to stay. From its 1995 “birth” in a Clemson University research laboratory and subsequent popularity in Europe throughout this century to its growing prevelance in America, synthetic marijuana seems to be quite a growing hot-button issue in legislativbe hearings, federal regulatory agencies, media portrayal, and pop culture in general.

So what is synthetic marijuana you may ask. There are many names utilized to market this new product. “K2” or “Spice” are the usual street names used with various brand names to sub-categorize the different flavors available (i.e., Silver Spice, Fire and Ice, Diamond Spice, etc.). These products are generally sold as “herbal incense” and contain a warning on the package such as “not for human consumption.” Although some of the bolder companies market the “weed” as “herbal smoking products” comparable to hookah tobacco. Companies use the former strategy to pass liability on to the customer, similar to labeling a marijuana bong as a “water tobacco pipe” in order to legally sell them here in the States, stating that once the customer purchases an item and leaves the busines premises it is no longer in the companies hands if they decide to use it for unintended purposes.

Now that we have an idea of synthetic marijuana’s various labels, let’s take a look at what its composition is made up of. K2 (named after one of the highest mountain summits in the world due to its potency and how “high” it gets you) generally consists of a mixture of dried leaves, herbs, spices, and in some cases tobacco that is sprayed with synthetic cannibinoids. Cannibinoids work on various receptors in the human central nervous system (CB1, which are responsible for K2’s psychotropic effects) and the periphery system (CB2, responsible for blocking pain). THC, the active ingredient in marijuana is an example of a natural cannibinoid. These chemicals are produced in laboratories (usually outside the United States mainly throughout Asia and imported into the US for distribution) and sold in head shops (stores that mainly sell pipes, water bongs, rolling papers, etc.), over the internet, and even in your neghborhood gas stations as herbal incense. “Pleasant” effects of these man-made chemicals include euphoria and giddiness and “unpleasant” side effects can manifest themselves in the form of anxiety and panic attacks. These effects mimic the experience that natural marijuana’s users tend to feel.

So if “real” marijuana is illegal under federal law and K2 seems to be causing similar effects in its users, how is “fake” pot legal? Well, technically it’s not anymore. As of March 1st of this year, the DEA, using its emergency scheduling authority, has classified five of the main cannibinoids used in K2 as Schedule 1 Controlled Substances (Schedule 1 being the most restrictive class and reserved for substances with high probability for abuse, no medicinal qualities, and hazardous potential). These chemicals are now considered illegal to manufacture, purchase, or use in the United States with punishments including fines or imprisonment. The DEA’s current control over these substances are temporary though (one year with a possible six month extension). Much more research needs to be done on K2’s short and long term effects in order for any type of permanent regulation to be put in place.

Synthetic marijuana may be hard to regulate though. Internet sales from foreign-based websites and the inevitable black market of K2 due to its recent criminalization will prove a daunting task to legislators and federal/ state regulatory bodies like the DEA and FDA. In many cases K2 distributors would list the ingredients of the actual herbs but would leave out the fact that synthetic canninbinoids were added to this “potpourri,” rendering them “FDA approved.” The potency and consistency varies in these products from brand to brand and with regards to sub- categories as well. Some research studies have indicated, through product testing, that the amount of cannibinoids even differed in specific types of K2. For instance, two of the same products (e.g. one gram of Diamond Spice) would be tested with huge disparity in potency which gives weight to the opinion of many that these synthesized chemicals need the type of consistency that would only come from federal regulation. Steps taken thus far like the aforementioned scheduling of K2’s main cannibinoids to control its distribution and use may fall short due to crafty chemists being able to “tweak” the formula a small amount, keeping it technically legal, and thus staying one step ahead of the DEA. Whatever your opinion on K2 Spice may be, one thing is for certain: with the increasing demand and popularity, synthetic marijuana is going to stick around whether we want it to or not. Much more research is needed on these relatively new chemicals to determine the most appropriate way to deal with its emergence. Whether the “powers that be” decide to keep it criminalized, regulate it, or de-criminalize K2 is still up for debate.