Spice is not so nice: Chemicals used in fake pot under federal control

RAMSTEIN AIR BASE, Germany -- In January 2009, the commander of U.S. Air Forces in Europe prohibited service members within the command from using intoxicating substances other than alcohol. This prohibition included salvia divinorum, inhalants, and an herbal chemical mixture commonly known as "spice."

A USAFE guidance memorandum to Air Force Instruction 44-121, Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program, was put in place.

Fast forward to June 2010, when Air Force officials issued service-wide guidance banning the knowing use and possession of any substance, other than alcohol or tobacco, that is ingested to alter mood or function. The guidance referred to the designer drug "spice," salvia divinorum, inhalants, household chemicals, solvents and prescription drug abuse.

Furthermore, 177 Airmen force-wide received nonjudicial punishment for using "spice" and another 83 Airmen faced "spice" charges at courts-martial in 2010. In USAFE, 26 Airmen received nonjudicial punishment for using "spice" or Salvia and one Airman faced a "spice" charge at court-martial in 2010.

The U.S. Drug Enforcement Administration exercised its emergency scheduling authority to control five chemicals (JWH-018, JWH-073, JWH-200, CP-47,497, and cannabicyclohexanol) used to make so-called "fake pot" products in March. Except as authorized by law, this action makes possessing and selling these chemicals or the products that contain them illegal in the United States.

The final order was published March 1 in the Federal Register to alert the public to this action. These chemicals will be controlled for at least 12 months, with the possibility of a six month extension. They are designated as Schedule I substances, the most restrictive category under the Controlled Substances Act. Schedule I substances are reserved for those substances with a high potential for abuse, no accepted medical use for treatment in the United States and a lack of accepted safety for use of the drug under medical supervision, according to a DEA press release.

"For service members, this means the penalties for using, possessing, distributing or manufacturing one of these five controlled substances could include being charged with drug abuse under Article 112a of the Uniform Code of Military Justice regardless of their duty location," said Lt. Col. Marlesa Scott, 3rd Air Force Deputy Staff Judge Advocate.

Airmen court-martialed under this Article face dishonorable discharge, confinement for five years or more, and total forfeiture of all pay and allowances. Enlisted members also face reduction to the lowest enlisted grade.

The Air Force also has the capability to drug test for "spice" using urinalysis. With the implementation of testing, officials intend to send a very clear message: use "spice," and you may lose your career, end up in jail or both, officials said.

Additionally, Colonel Scott noted that people who violate the new policy are liable for having disobeyed a lawful general order or regulation, which is a violation of Article 92 of the UCMJ.

Before these changes, there was no specific Air Force-wide approach. Commanders had dealt with the abuse of Salvia and Spice in a variety of ways. This included issuance of orders specific to a command, treating it as a dereliction of duty, or reliance on local or state laws banning use of these substances.

According to the release, this emergency action was necessary to prevent an imminent threat to public health and safety. The temporary scheduling action will remain in effect for at least one year while the DEA and the United States Department of Health and Human Services further study whether these chemicals should be permanently controlled.

Over the past couple of years, smokeable herbal products marketed as being "legal" and as providing a marijuana-like high, have become increasingly popular, particularly among teens and young adults, the release reads. These products consist of plant material that has been coated with research chemicals that claim to mimic THC, the active ingredient in marijuana, and are sold at a variety of retail outlets, in head shops, and over the Internet. These chemicals, however, have not been approved by the FDA for human consumption, and there is no oversight of the manufacturing process. Brands such as "Spice," "K2," "Blaze," and "Red X Dawn" are labeled as herbal incense to mask their intended purpose.

Since 2009, DEA has received an increasing number of reports from poison control centers, hospitals and law enforcement regarding these products. At least 16 states have already taken action to control one or more of these chemicals, according to the DEA Web site. The Comprehensive Crime Control Act of 1984 amends the Controlled Substances Act to allow the DEA administrator to place a substance temporarily in schedule I when it is necessary to avoid an imminent threat to the public safety. Emergency room physicians report that individuals that use these types of products experience serious side effects which include: convulsions, anxiety attacks, dangerously elevated heart rates, increased blood pressure, vomiting, and disorientation.

"Young people are being harmed when they smoke these dangerous 'fake pot' products and wrongly equate the products' 'legal' retail availability with being 'safe'," said DEA Administrator Michele M. Leonhart. "Parents and community leaders look to us to help them protect their kids, and we have not let them down. Today's action, while temporary, will reduce the number of young people being seen in hospital emergency rooms after ingesting these synthetic chemicals to get high."