Jurors convict K2/Spice Synthetic Cannabis Seller Under Analog Provision

Sep 12 2011 Published by under Cannabis

Following up* on the case of Eric Srack who was prosecuted for selling a synthetic cannabis product containing the cannabimimetic compound JWH-081. The Salina Journal reports:

Jurors found Eric W. Srack guilty Tuesday morning of three felony counts of sale, delivery or distribution of JWH-081, an analog of an illegal substance.

As you will recall, this particular compound was not one of the ones listed (JWH-018, JWH-073, JWH-200, CP-47,497, and cannabicyclohexanol) ) on the recent scheduling action by the DEA.

You will also recall that this whole blossoming retail market in cannabimimetic products showed quite clearly that the Federal Analog Law, despite having an "OR" between its two key provisions (acts like, looks like) was in fact being interpreted as having an "AND" between these two provisions in case law. The above mentioned compounds were clearly endocannabinoid CB1 receptor agonists, therefore they "act like" the Schedule I drug Δ9-tetrahydrocannabinol. They did not however look structurally like THC. So it appeared to be the case in summer-fall 2010 that DEA's "watching and evaluating" language was the same as saying "Yup, these are not currently illegal folks, go nuts!".

Putting at least one of the JWH-xxx compounds on the Schedule, however, had the potential to support the "AND" interpretation of the Federal Analog Act language. All that matters going forward from here is the case law.

This is the first successful conviction that I've heard of. If it holds up, it is a highly significant turning point for the legal status of these cannabimimetic, synthetic marijuana products.

*hmm, actually that may be one of the posts I've failed to recover from Sb.

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