Pubdate: Fri, 01 Jan 2016 Source: Courier-Journal, The (Louisville, KY) Copyright: 2016 The Courier-Journal Contact: http://www.courier-journal.com/ Details: http://www.mapinc.org/media/97 Author: Mike Wynn KY'S DRUG EFFORTS TURN BACK TO SYNTHETICS FRANKFORT, Ky. - Kentucky's evolving battle with drug abuse will continue into the 2016 General Assembly as lawmakers intensify efforts against synthetic drugs that can slip into communities via the Internet, wreaking sudden havoc. The legislature has enacted at least four bills targeting synthetics since 2010 and is seeking to amp up penalties for traffickers next year following an outbreak in Lewis County of the toxic synthetic drug called "flakka." "They are no less dangerous than anything else out there, and in many cases, more dangerous," said Van Ingram, head of the state Office of Drug Control Policy. "It seems to pop up in a certain community and makes a run for a short time. Then it fizzles out there and shows up somewhere else." Synthetic drugs are chemically engineered to mimic the effects of other controlled substances, ranging from marijuana to methamphetamine. Some products are smoked and others injected, and experts warn that the drugs can produce severe and unexpected side-effects. Officials say that flakka, known chemically as Alpha-PVP, provides a prolonged euphoria and a stimulant response more intense than meth. Users can experience a racing heart rate, aggression and delusions, and in some cases reactions may cause death. The Courier-Journal profiled the drug's spread and devastating effects in Lewis County in September. Right now, trafficking synthetics in Kentucky can result in a Class A misdemeanor charge for the first offense and a Class D felony for subsequent offenses. But lawmakers propose to stiffen the penalty next year so that traffickers can be charged with a Class D felony for the first offense, punishable by up to five years in prison. One supporter, House Majority Leader Rocky Adkins, D-Sandy Hook, said the measure offers bipartisan appeal and already has backing from community groups, law enforcement and prosecutors. He said the outlook for passing legislation is good. "There seems to be a tremendous amount of support from across the state," he said. "This is a tool that law enforcement and prosecutors say they need to help fight what is now easy to get." Sen. Whitney Westerfield, a Republican from Hopkinsville who chairs the Senate Judiciary Committee, may also sponsor legislation in the Senate. He cited concerns that the unknown effects of new synthetic drugs only make them more dangerous. "This is something that we need to do," Westerfield said. "The penalties are not severe enough for dealing." Nearly every session of the General Assembly in recent years has resulted in laws to combat drug abuse. In 2015, legislation targeted the deadly spread of heroin. In 2012, lawmakers passed a bill to crack down on prescription pills and meth labs. "Things are always going to be changing, and we have to be able to adapt to that and always be looking at new and different strategies," Ingram said. "I don't see that changing any time soon it's always going to be something." Even the battle with synthetic drugs has changed since lawmakers took aim at "synthetic marijuana" in 2010. At the time, products known as "K2" or "Spice" were available for purchase at convenience stores. The General Assembly outlawed the substances with laws that treated them with the same severity as marijuana. A year later, lawmakers focused legislation on new chemicals that were marketed as "bath salts" and that produced a high similar to ecstasy or meth. However, drug chemists continued to modify their formulas to circumvent the law. And in 2012, the legislature adopted a more comprehensive approach, outlawing broad classes of synthetic drugs that helped Kentucky stay ahead of manufacturers. Ingram said synthetics like flakka are now ordered from other countries over the Internet and delivered through the mail to a dealer's doorstep. Meanwhile, Kentucky continues to struggle with a high rate of deadly drug abuse. According to the state medical examiner's office, 1,087 people died of a drug overdose in 2014, and the first half of 2015 mirrored the previous year with 501 overdose deaths. The overwhelming majority of deaths involve multiple drugs, though heroin was present in about 30 percent of cases, Ingram said. Westerfield, the Senate Judiciary chairman, predicted that lawmakers will revisit some aspects of the recent heroin legislation in 2016, particularly a law that gives local health departments an option to create needle exchanges. Under the law, the Louisville Metro Department of Public Health and Wellness established a "need-based negotiation model" that encourages participants to return old syringes but does not require an actual exchange of dirty needles for clean ones. Officials defend the approach, saying it helps officials remain in contact with addicts, prevents the spread of disease and pulls people into treatment. But Senate Republicans say a major goal of the exchange legislation was to remove dirty needles from city streets and parks. Westerfield said he expects to see a bill in the General Assembly that would tighten the rules for an exchange. He also said lawmakers will likely review a $10 million allocation approved with the heroin bill to help fund substance abuse treatment. Legislators will be interested in where the money went, whether it was successful and who needs more, he said. "The Senate is interested in raising the funds for a whole lot of things, but I'm not sure we're going to have the money to do it," he said. "And I'm not just talking about substance abuse, I'm talking about a host of things." [sidebar] Targeting flakka Issue: Synthetic drugs, like flakka, continue to crop up in Kentucky communities with dangerous effects on users, including aggression, delusions, and in some cases, death. Proposal: Lawmakers propose to stiffen penalties so that traffickers can be charged with a Class D felony - punishable with up to five years in prison - for the first offense. Currently, a first offense can only result in a Class A misdemeanor. Outlook: The chances of passing legislation appear good. Legislators from both the Democratic-led House and the Republican-controlled Senate are interested in cracking down on traffickers, and groups from law enforcement back the bill. Recent drug legislation Synthetic marijuana law, 2010: The General Assembly passed legislation targeting synthetic products that were thought to mimic the effects of marijuana and often sold at convenience stores as "K2" or "Spice." The bill outlawed specific chemical compounds, and deemed the sale or manufacture of such drugs a Class A misdemeanor. Possession was designated a Class B misdemeanor. "Bath salts" law, 2011: Lawmakers again took aim at synthetic drugs in 2011, criminalizing chemicals that were marketed in convenience stores as "bath salts" or plant food even though they produced effects similar to methamphetamine or ecstasy. The bill designated sales and manufacture a Class A misdemeanor, while possession was deemed a Class B misdemeanor. Broad synthetic drug law, 2012: Legislators revisited synthetic drugs again in 2012. But instead of focusing on specific chemical compounds, the bill cracked down on broad classes of synthetic products. That allowed law enforcement to keep pace as drug manufacturers continually tweaked their formulas to avoid prosecution. The measure also made sales of the drug a felony upon a second offense. Pseudoephedrine law, 2012: A bill meant to curb methamphetamine - and illegal meth labs - limited purchases of over-the-counter cold or allergy medication that contained pseudoephedrine. Consumers now need a prescription to buy more than 7.2 grams of medications that contain the substance during a single month. Pill Mill Law, 2012: The legislature clamped down on "pill mills" by expanding the use of Kentucky's prescription tracking system to identify doctors who prescribed excessive amounts of schedule II and III narcotics. The bill also stipulated that pain clinics be owned by licensed physicians. New synthetics law, 2013: The General Assembly returned to battling synthetic drugs in 2013 by adding more classes of banned products to state statute. The updates was described as the latest response to deadly changes in drug formulas. Heroin law, 2015: Legislation sought to beat back a deadly epidemic of heroin abuse by toughening penalties for some dealers, increasing money for treatment, giving health departments an option to open needle exchanges and reworking laws to help prevent overdose deaths. - --- MAP posted-by: Jay Bergstrom