It smokes like marijuana, gets users high like marijuana, it even sells at prices similar to marijuana, and until very recently, this blend of herbs and spices called “K2” was completely legal. As of October 24, however, anyone caught with the substances could be charged with a drug offenses, including possession, trafficking or manufacturing.

K2 has been sold in Ohio since 2006 as incense or potpourri for about $30 to $40 per three gram bag–comparable in cost to marijuana. Experts suggest that K2 may be a mixture of herbal and spice plant products, but it is sprayed with a potent psychotropic drug and likely contaminated with an unknown toxic substance that is causing many adverse effects.

The K2 compound was first created in the mid-1990s in the lab of organic chemist John W. Huffman of Clemson University, who studies cannabinoid receptors. He’s not sure how the recipe for what is named JWH-018 (his initials) got picked up, but he did publish details on a series of compounds including JWH-018 in a book chapter. Even before that book came out, he recalls learning that in China and Korea people were selling the compound as a plant growth stimulant.

From a chemist’s perspective, K2 has an affinity for the cannabinoid brain receptor (CB1) that’s about 10 times greater than THC (the active ingredient in marijuana). For the less chemically inclined, it means you can smoke a lot less K2 to get just as high.

But, as more people around the country have experimented with the synthetic drugs, more medical problems have been reported and more efforts have begun to ban the substances. The American Association of Poison Control Centers reported last month that the number of calls to the country’s poison centers rose dramatically from 303 in 2010 to more than 4,700 in the first seven months of this year. The American Medical Association has come out in support of national legislation to ban K2, and several states (including Ohio) have implemented their own bans.

The fact is, most regions of Ohio have reported trouble with K2. The sponsor of the Bill to ban the substance in Ohio, Republican state Rep. Margaret Ann Ruhl, of Mount Vernon, said that school officials complained that they were seeing a problem, but that “kids were saying the products were legal and didn’t see any harm in them.”

“There’s a perception that these products are somehow safer than street drugs because they come in eye-catching packaging and are sold in gas stations, convenience stores and novelty shops,” said Eric Wandersleben, spokesman for the Ohio Department of Alcohol and Drug Addiction Services (“ODADAS”). “The reality is, these substances are dangerous and can have life-threatening consequences.”

Experts agree that the drug is dangerous. Further testing is needed, but the symptoms, such as fast heart beat, dangerously elevated blood pressure, pale skin and vomiting suggest that K2 is affecting the cardiovascular system of users. It also is believed to affect the central nervous system, causing severe, potentially life-threatening hallucinations and, in some cases, seizures.

“It’s like playing Russian roulette. You don’t know what it’s going to do to you,” Huffman said. He further suggested that: “People who use it are idiots.”

ODADAS has been tracking K2 through the Ohio Substance Abuse Monitoring Network that helps identify new drug trends, but it remains difficult to determine just how big the problem is in Ohio. Local authorities, including those here in Hamilton County, have acknowledge the link between the drug and crimes.

Under the newly enacted law in Ohio, K2 is now considered a Schedule I controlled substance. As such, the possession, use, transport, preparation for distribution and/or sale of the substance can be a serious offense. The penalties vary depending on the circumstances and the amount of the controlled substance at issue.

The Bottom Line:

The party is over for purveyors and users of K2. It is now illegal and subject to criminal prosecution. Now that the law has changed, local law enforcement expects a spike in synthetic marijuana prosecutions. If you or a loved one has been charged with possession and/or trafficking of K2, do not hesitate to call me. I can evaluate your case and advise you of your legal options.

Scott A. Rubenstein

Drug Offense Attorney Cincinnati Lawyer