By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Florida Governor Rick Scott signed House Bill 1175 on March 23, 2012. This bill outlaws over 90 new forms of synthetic drugs. It modifies Section 893.03(1)(c), Florida Statutes, by expanding the list of banned hallucinogenic substances in Schedule I of the Florida Comprehensive Abuse Prevention and Control Act. To view Florida HB 1175, click here.
Florida's Synthetic Drug Legislation Imposes Restrictions on Synthetic Substances Including Bath Salts and Potpourri.
The new law puts in place restrictions to prevent abuse of synthetic substances including certain synthetic cannabinoids and synthetic stimulants. Many of the synthetic substances are also commonly known as synthetic marijuana, bath salts, K2, potpourri, and incense. For a full list of all Schedule I controlled substances, including all substances that were added with the signing of HB 1175, click here.
The large quantity of synthetic substances were included in HB 1175 because the chemical compounds in these substances are easy to change. The ease of converting these substances into illegal drugs helps illegal drug makers, users and sellers to avoid arrest and prosecution. For example, one synthetic substance might be illegal under the Florida Comprehensive Abuse Prevention and Control Act, but a minor change in the molecular makeup might make the substance legal.
New Legislation Could Mean Issues for Manufacturers and Retailers.
The passing of HB 1175 could mean more issues for manufacturers and retailers of any products utilizing synthetic substances such as bath salts, herbal incense, or potpourri. If you manufacture or sell any product that is composed of synthetic substances you should regularly test your products to ensure that you are in full compliance with the new law. It is likely that law enforcement will begin to target retailers and manufacturers of these substances in order to deter them from continued sales of otherwise legal products.
Banning Bath Salts Expected to Reduce Cannibalistic Encounters but to Increase Unhappy Spouses.
It is rumored that one prominent Florida lawmaker stated that by banning bath salts this should help to reduce the reported acts of cannibalism and zombie-like behavior in Florida. Florida, especially, has been linked to cannibal attacks and random acts of zombiism in the national news, thus scaring away many of the British and Japanese tourists who usually flood the state.
One lawmaker was heard to urge:
We need to decrease the unfair comparisons that have previously been made by such prominent personalities as Adam Carolla and Dr. Drew in their radio game called "Is it Florida or is it Germany?" This bill should do the trick.