DEA Moves to Emergency Control Synthetic Stimulants

(Bath salts that are really drugs...this is from the DEA website.--jef)

Agency Will Study Whether To Permanently Control Three Substances

SEP 07 -- WASHINGTON, D.C. – The United States Drug Enforcement Administration (DEA) is using its emergency scheduling authority to temporarily control three synthetic stimulants (Mephedrone , 3,4 methylenedioxypyrovalerone (MDPV) and Methylone).   This action was necessary to protect the public from the imminent hazard posed by these dangerous chemicals. Except as authorized by law, this action will make possessing and selling these chemicals or the products that contain them illegal in the U.S. for at least one year while the DEA and the United States Department of Health and Human Services (DHHS) further study whether these chemicals should be permanently controlled.  

A Notice of Intent to temporarily control was published in the Federal Register today to alert the public to this action. This alert is required by law as part of the Controlled Substances Act. In 30 days or more, DEA intends to publish in the Federal Register a Final Order to temporarily control these chemicals for at least 12 months, with the possibility of a six-month extension. The final order will be published in the Federal Register and will designate these chemicals as Schedule I substances, the most restrictive category, which is reserved for unsafe, highly abused substances with no currently accepted medical use in the United States. 

“This imminent action by the DEA demonstrates that there is no tolerance for those who manufacture, distribute, or sell these drugs anywhere in the country, and that those who do will be shut down, arrested, and prosecuted to the fullest extent of the law,” said DEA Administrator Michele M. Leonhart.  “DEA has made it clear we will not hesitate to use our emergency scheduling authority to control these dangerous chemicals that pose a significant and growing threat to our nation.”  

Over the past few months, there has been a growing use of, and interest in, synthetic stimulants sold under the guise of “bath salts” or “plant food”. Marketed under names such as “Ivory Wave”, “Purple Wave”, “Vanilla Sky” or “Bliss”, these products are comprised of a class of chemicals perceived as mimics of cocaine, LSD, MDMA, and/or methamphetamine. Users have reported impaired perception, reduced motor control, disorientation, extreme paranoia, and violent episodes. The long-term physical and psychological effects of use are unknown but potentially severe. These products have become increasingly popular, particularly among teens and young adults, and are sold at a variety of retail outlets, in head shops and over the Internet.  However, they have not been approved by the FDA for human consumption or for medical use, and there is no oversight of the manufacturing process. 

In the last six months, DEA has received an increasing number of reports from poison centers, hospitals and law enforcement regarding products containing one or more of these chemicals.  Thirty-three states have already taken action to control or ban these or other synthetic stimulants.  The Comprehensive Crime Control Act of 1984 amends the Controlled Substances Act (CSA) to allow the DEA Administrator to temporarily schedule an abused, harmful, non-medical substance in order to avoid an imminent hazard to public safety while the formal rule-making procedures described in the CSA are being conducted. 

New Drugs, Same Mistakes

Congress Chooses Criminalization Over Regulation
By GRANT SMITH
Partisan bitterness has become a familiar feature of Capitol Hill politics. But given the recent debt debacle, it was little surprise that two committee rooms full of congressional lawmakers were giddy at the chance to sing bipartisan praises and wave through legislation that criminalizes possession and sale of "K2," "spice," "bath salts," and other synthetic drugs.

Despite growing consensus that there is an urgent need for a new direction in our nation's drug policies, and recognition from the Global Commission on Drug Policy and others that the 40 year old war on drugs is a resounding failure, many lawmakers are still shy to question the wisdom of proposals to criminalize more people and the drugs they use.

Synthetic drugs that imitate the effects of marijuana and other illegal drugs have been sensationalized since they first appeared on store shelves. Many people are attracted to these products because the drugs do not show up in drug tests and it was not a crime to use or sell them until recently.

Much controversy has centered on the marketing of these drugs as incense or other household products even though they are often consumed. Rather than step in to regulate synthetic drugs, impose age restrictions and product labeling requirements, the government did nothing until several tragic events involving young people received extensive media coverage.

State and federal lawmakers have forged ahead with proposals to ban synthetic drugs before scientists could better understand and evaluate the products for health risks and benefits. Empirical evidence has yet to surface that shows synthetic drugs pose a threat to public health that warrants criminalization.

Lawmakers have a long track record of passing ineffective laws, and its unwavering support for the war on drugs is no exception. Enforcement of marijuana prohibition, in particular, has wasted billions of dollars subjecting millions of American citizens to arrest for nonviolent drug law violations. Marijuana law violations make up half of all drug arrests annually.

And just as we have seen with marijuana, criminalizing synthetic drugs will cede control of the drugs to the criminal market. Our policy should enable the government to enforce strict regulations and controls on a legal market for synthetic drugs that monitors production, minimizes public harm and generates tax revenue.

Congress continues to vigorously fund and escalate the drug war even as Washington seeks to reduce federal spending. Enforcing a federal ban on synthetic drugs won't be cheap. Moreover, organizations such as the Heritage Foundation have cautioned against creating unnecessary federal crimes that inappropriately expand the reach of the federal government into local affairs. Since the vast majority of drug enforcement is carried out by state and local agencies, Congress is essentially passing the costs of this legislation on to them.

Commenting on synthetic drugs during a committee session this week, Sen. Dianne Feinstein (D-CA) remarked that "we are in a new era of drugs."

A new era calls for a new approach, and Congress has an opportunity here to provide for comprehensive drug education, rigorous scientific study to better understand what is in synthetic drugs, and a robust system of regulation and control of the synthetic drug market. Lawmakers need not look far for a successful model. The federal government's approach to dealing with tobacco has been enormously successful at reducing youth and adult tobacco use in recent decades and millions of people didn't have to be arrested and branded with criminal convictions to achieve success.

Lawmakers must put the brakes on this failed approach to drug policy, stop wasting taxpayer dollars and destroying people's lives.