Pubdate: Fri, 03 Feb 2012
Source: Daily News-Tribune (WV)
Copyright: 2012 Keyser Mineral Daily News-Tribune
Contact: (304)788-3398
Website: http://www.newstribune.info/
Details: http://www.mapinc.org/media/1959
Author: Dave Boden, News-Tribune

SYNTHETIC POT: TIME TO JUST SAY NO

Keyser, W.Va. -- If it looks like a duck, quacks like a duck, and flies
like a duck... then it is a duck.

Same goes for synthetic marijuana too. That's right if it looks like
pot, feels like pot, and is packaged and marketed like pot... it's to be
treated by law enforcement as if it is pot... and this is not just my
opinion it's the law in West Virginia.

According to the law passed in West Virginia last March (H. B. 2505
which passed March 12, 2011 and was in effect thirty days from
passage): "Imitation controlled substance" means: (1) A controlled
substance which is falsely represented to be a different controlled
substance; (2) a drug or substance which is not a controlled substance
but which is falsely represented to be a controlled substance; or (3)
a controlled substance or other drug or substance or a combination
thereof which is shaped, sized, colored, marked, imprinted, numbered,
labeled, packaged, distributed or priced so as to cause a reasonable
person to believe that it is a controlled substance. I believe the
synthetic marijuana being sold in Mineral County would fall under what
is described as: (2)... a drug or substance which is not a controlled
substance but which is falsely represented to be a controlled
substance ... and (3) a controlled substance or other drug or substance
or a combination thereof which is sha! ped, sized, colored, marked,
imprinted, numbered, labeled, packaged, distributed or priced so as to
cause a reasonable person to believe that it is a controlled substance.

Over the last 4 months, on 3 different occasions, the Mineral Daily
News Tribune sent a staff member to the "Earth Zone" in Keyser to
purchase what is labeled on their website (shopearthzone.wordpress.com/hippie-shack
) as "potent incense". On each visit, a small bag of potpourri was
purchased for prices ranging from $18 to $16.50. Interestingly enough,
on their first trip into the business, our employee was carded to see
if he was 18 and old enough to purchase the incense/potpourri and when
they told the cashier that they did not have ID on them, they sold it
to them anyhow because they looked old enough. This seemed a bit
curious as the packets were all marked that they were not for human
consumption and after all there is a difference between potpourri and
tobacco products. On their 2nd and 3rd visit our employee was not
asked for ID and not on any of the three visits was a receipt issued.
Here's a description of what was purchased on each of our three visits:

VISIT #1: A 1.5 gram package of "White Widow" was purchased and is
labeled on the front of the bag as "Chronic Hypnotic". The back of the
package says: Not for human consumption - Not for sale to minors and
then offers the following disclaimer: "This product has been certified
by laboratory analysis and does not contain any chemical and/or plant
ingredients prohibited by state or federal law. This product is
designed specifically as an aromatic product and is not meant to be
burned, smoked, or incinerated in any manner. Keep out of reach of
children. The manufacturer, wholesaler, and/or retailer are not
responsible for the misuse of the product by consumer." The company's
website was also listed on the package as " www.whitewidownovelties.com
but don't go and try to visit their website, as it has been removed
and replaced with this note: "This account is no longer active".

VISIT #2: Our staff member tried to purchase another 1.5 gram package
of "White Widow" but was told that they were currently all out.
Instead a 1 gram bag of Six Scents - Organic Sachet was purchased and
the front of the bag was labeled as such. The back of the package
states "Organics" a Botanical Sachet... An herbal mixture that may
contain wild lettuce, marshmallow leaf, red clover, basil, spearmint,
peppermint, chamomille flower, hops, patchouli, passion flower,
extracts and scents. Net Weight 1.0g. Lab certified does not contain:
JWH-018, IWH-073, JWH-250, HU-210, CP-47 or any compound mixture or
preparation which contains any quantity of synthetic cannabinoid
whether salts, isomers, homologues, and/or analogues of the following
groups: naphthoylindoles, naphthylmethylindoles, naphthoylpyrroles,
napphthoylphenylpyrroles, phenylacetylindoles, cyclohexylphenols,
dibenzopyrans, and benzoylindoles. Not for human consumption. Keep out
of reach of children. Copyright QDD 201! 1.

VISIT #3: Our staff member tried to purchase another 1.5 gram package
of "White Widow" but had to settle for a different variety of "White
Widow" that came in a 2.0 gram package this time and is labeled on the
front of the bag as "Red Hot Haze" in lieu of "Chronic Hypnotic"... and
on this Package it is marked as "Pot Pourri" (as opposed to the
grammatically correct "potpourri"). The back of the package says: Not
for human consumption - Not for sale to minors and then offers the
following disclaimer: This product has been certified by laboratory
analysis and does not contain JWH-018, 073, 200, CP47, 497, HU-210, or
any chemical and/or plant ingredients prohibited by state or federal
law. This product is designed specifically as a Pot Pourri product is
not meant to be burned, smoked, or incinerated in any manner. Keep out
of reach of children. The manufacturer, wholesaler, and/or retailer
are not responsible for the misuse of the product by consumer.

Though all 3 packages list what was not in them and one of them 
actually listed what "may" be in them, not one of these packages 
actually listed the contents or ingredients of the package and none of 
them list where they packaged or manufactured. As far as the law, a 
reasonable person would agree that this looks like marijuana and the 
fact that it is being sold by the gram is similar to the way the 
higher grades of marijuana is sold on the street. Certainly no 
reasonable person would argue that the use of the words: Chronic (made 
famous by Dr. Dre), Hypnotic, Haze, and Pot Pourri could be presumed 
to be falsely representing the contents to be a controlled substance 
while the packages' shape, size, color, as well as their labels might 
cause a reasonable person to believe that it is a controlled 
substance. The name "White Widow" (which is actually trademarked on 
the packages) could be viewed as a violation of West Virginia Law. 
Take the time to Google "White Widow" and you ! will find: the first 
seven or eight listings to all be about a very potent strain of 
marijuana, including this read taken from Wikipedia: White Widow is a 
strain of cannabis produced by Australian cannabis breeder Scott 
"Shantibaba" Blake known for its abundance of white trichomes and high 
potency. White Widow has been reported to leave the user with a 
relaxed feeling. It, like most indica marijuana strains, is a good 
appetite enhancer. However, being a cross between sativa and indicia 
it also has the sativa quality of mood enhancement - bringing on an 
interest in activities one may not normally enjoy. The strain won the 
Cannabis Cup in 1995. White Widow grown in Amsterdam is known to 
contain up to 20% of the active ingredient THC and sells for 
approximately $20-$25 a gram in Jacksonville, Florida. A 2005 article 
by Bloomberg revealed that White Widow was sold at the Compassion and 
Care Center in San Francisco for $453 per ounce. As late as 2011, it 
sells for approx. 8 eur! o per gram in The Netherlands. In Seattle and 
Tacoma, it is av! ailable from dispensaries for Medical Marijuana 
patients for a donation of $12 US per gram. In Alpharetta, GA, a past 
winner of high times areas with the best buds, sells this bud for 
about 20 to 25 dollars a gram in the drug market. With this stated, a 
reasonable person might even surmise that the 3 purchases made by the 
News Tribune were priced such that it would lead a reasonable person 
to believe that they were buying the real thing.

This column and the letter to the editor at left follows a story done
by our own Jean Braithwaite that contained an interview with Sheriff
Craig Fraley who stated that: A step was taken in May 2011, when the
West Virginia State Legislators passed Senate Bill 63 and House Bill
2505, both with unanimous votes, banning the sale of at least 20
specific synthetic cannabinoid drugs. Following the bill passage,
however, manufacturers of the fake cocaine and fake marijuana began to
make slightly different changes in the chemical formulas. In Fraley's
opinion, storeowners having the synthetic items on their shelves are
doing nothing wrong. Because of the change in the chemical makeup, the
items for sale differ from what the law states, and the warning labels
are visible. Saying the local and county law enforcement are "keeping
an eye" on this situation, Fraley would like to stress the dangers of
using the synthetic drugs. "They are a fatal combination of chemicals,
and putting them ! into the body is harmful and could kill," he said.
Several of the chemical compound mixtures are five to 30 times more
powerful than THC. Fraley said, "We are trying to enforce the law, but
our hands are tied because the compounds differ." The West Virginia
Sheriff's Association wants to move forward with a needed change in
what the state law dictates. "The law needs to be broadened to include
any chemical compound that causes hallucinations or erratic behavior,"
Fraley said. He cited that if the mentioned changes were made,
manufacturers and storeowners would not be able to "skirt around the
issue."

Not only do I believe that House Bill 2505 has the teeth to stop
storeowners from "skirting around the issue," so do our WV legislators
Delegate Gary Howell and State Senator Bob Williams with whom I spoke
about this law while attending Mineral County Day last month.

As for the Earth Zone... after we published a police report in the last
week of August that stated that Keyser City Police were investigating
a second break-in at a city business (the Earth Zone) that sells an
incense material that can be used as synthetic marijuana and was the
second break-in at the business in two months we received a Letter to
the Editor (published on August 25, 2011) that stated that "Earth Zone
at both locations, has voluntarily made the decision to discontinue
the sale of the potpourri products referred to by this newspaper and
other media sources as "synthetic marijuana." The fact of the matter
is, the product will continue to remain available throughout the
county and the neighboring state of Maryland, unless further
legislation is passed. We would also like to note that many people
used these products for their intended use, and that many other
products remain in this state and country with the potential for
abuse. (We won't get into naming them, as w! e feel this is actually
counterproductive.)

Bottom line is that the potpourri referenced by this newspaper and
other media sources (as well as law enforcement officials) as
"synthetic marijuana" has continued to be sold at the Earth Zone and
make no bones about it is in our community and among our youth. The
time has come for the sale of "synthetic marijuana" to stop and the
legislation passed in the state of West Virginia in the spring of 2011
appears to side with law enforcement in their endeavor to rid our
communities of this substance. 
- ---
MAP posted-by: Richard R Smith Jr.