Synthetic-pot bill nears Approval

By Ray Reed

Published: February 25, 2011

RICHMOND — A synthetic-pot bill had a long, and sometimes wandering, trip through the General Assembly before its key backers settled this week on what it should do.

The bill makes it a felony to manufacture or sell the substances known by the street names of synthetic marijuana, K2, spice and Mr. Smiley.

Del. Scott Garrett, R-Lynchburg, said Friday that users or sellers of 10 varieties of synthetic marijuana will face essentially the same penalties as people who use or sell the real thing.

So-called “bath salts” that are actually methamphetamines with potentially dangerous side effects also are covered in the bill, which had grown from two pages to 67 pages.

The substances have been sold in some tobacco shops and convenience stores and on the Internet.

The legislation, HB1434 sponsored by Garrett, and SB745 sponsored by Sen. Mark Herring, D-Loudoun County, was expected to receive final passage in the House and Senate on Saturday.

The bills carry an emergency clause and will go into effect as soon as Gov. Bob McDonnell signs the legislation, which could be as soon as two weeks.

Garrett said the bill has four key features:

-   Simple possession of dried herbs that have been sprayed with a chemical compound that gives smokers a high similar to marijuana will be a misdemeanor.

-   First offenders may, at a judge’s discretion, avoid a conviction by spending time on probation. A conviction would carry a possible jail sentence up to 12 months.

- Someone who provides the substance as an accommodation or favor to a friend could be found guilty of a misdemeanor.

- Distribution, sale or manufacture of the substances would be a felony punishable by up to 10 years in prison or, if the amount exceeds five pounds, five to 30 years.

Garrett, a physician, said the synthetic versions of marijuana are “designer drugs” that can have side effects not traditionally associated with marijuana, including rapid heart rate and seizures.

The “bath salts,” which can be inhaled, can result in serious problems including paranoia and seizures, Garrett said.

Unlike marijuana that can produce a euphoric high, the methamphetamines can put people into “dissociative states” that separate them from reality, Garrett said.

The bills grew to 67 pages because they rewrote every part of the state code that mentioned marijuana.

The bills add the term “synthetic cannabinoids” to the code in every place where marijuana is mentioned, Garrett said. Cannabinoids are the active ingredients in marijuana.

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