I have recently been put on probation for drug-related charges. The terms of my probation exclude the use of scheduled substances. I'm allowed to use legal drugs such as alcohol and cigarettes.
I was curious about whether using unscheduled synthetic cannabinoids ("Spice," "K2" type products which contain chemicals such as the JWH series) would violate my probation. Some of these chemicals have been federally scheduled, however I'm specifically referring to those that have not been. It's my understanding that some of these drugs are now being tested for in drug tests.
If I can drink alcohol, do I have any legal basis for being able to use these chemicals without violating probation? They're unscheduled just like sugar, salt, or water are unscheduled. Or are they considered mind altering drugs potentially prosecutable under the Federal Analogue Act? They are intoxicating, affect the brain, but so is caffeine.
I would consider asking my probation officer about it, but I'm imagining that the officer wouldn't able to keep personal bias out of his response. My lawyer is the same way; it's easier for him to just tell me to stay clean and not experiment then actually investigate the issue.
Also note that I've been 100% clean for 4 months on my own initiative, and am putting my heart & soul into NA meeting attendance. I simply wish to know my rights. There's a strong chance that synthetic drugs like I mentioned can cause cancer, heart palpitations, or other health problems, and I'm not endorsing them. Also let's try and avoid conversation about the morality of using drugs. I simply want to understand whether using unscheduled chemicals would lead to immediate probation failure & incarceration, a stern warning to stop their usage, or no effects on my probation whatsoever. Thank you.
Now that he use of synthetics is becoming more wide spread, more and more states are banning. I read your post and it disturbed me that you'd risk it. It disturbs me that you'd risk sobriety after being clean for so long. he whole goal of sobriety is to maintain it. Personally, I'd violate you for doing it. I'd let the judge decide.
And most of the K2 and Spice drugs have been federally, and locally, banned. Can't speak to WV but I know NM has put them on the illegal list.
Finally, there have been the fatalities from people using the "over the counter drugs."
My opinion, they're illegal and can possibly kill you.
Up to you on the roll of that die, but take the consequences instead of complaining about how unfair it is when your Officer arrests you, especially since you're not going to ask beforehand.
__________________ ~Igor Louis~ "Never violate a woman, nor harm a child. Do not lie, cheat or steal. These things are for lesser men. Protect the weak against the evil strong. And never allow thoughts of gain to lead you into the pursuit of evil."
Of course I'm not familiar with the regulations in YOUR state but I can tell you that the DOC in my state has issued a memorandum which bans the possession and use of K2/spice/whatever you want to call it. Additionally, there IS a test for it, and some places have begun using that test.
Aside from all of that, if you are attending NA meetings and attempting to be a part of the recovery process (which is awesome, congrats), let me make a STRONG suggestion to you, and this comes from someone who has worked with the criminal justice system, in treatment centers, and has been sober for nine years: DON'T SMOKE K2. I have seen almost everyone who started smoking K2, both in my personal and professional lives eventually move onto other substances. And at the end of the day, (my opinion) your recovery is more important than anything the DOC/court system/probation can do to you anyway.
And as a side note, yes, you are correct, there are a ton of negative side effects of these substances, and their long-term effects have not yet been determined. Even the guy who invented the chemicals (JWH-018 etc.) has said that anyone who smokes it is an "idiot". LOL. Look that up on Wikipedia if you don't believe me.
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my fiance's parole officer advised him that they would not be testing for it (this was in march 2011) and that it does not register on regular drug tests. i personally would NOT use an over the counter drugand i would ask my po if i were you. the most he or she can do is say yes or no.quite sure its gonna be banned everywhere soon anyhow. i know it will be here, someone just got busted with 400 pounds of it
Knowing that it will be greater later is what gives me strength now. SDH, 11/20/11
He's MINE! ...I just had to (involuntarily) loan him to DOC for a while
My fiance uses synthetic weed on a daily basis in IL he has taken numerous drug tests and it doesn't show up!!!
Tell him he'd better be careful. Little by little, places are starting to test for it. There IS a drug test for it, it has been out for a few months. Most major labs CAN test for it if it is ordered. I am 100% sure because I have worked with the criminal justice system and I personally called the lab to ask if there was a test. You can even look it up online!
even if it's not a violation of your probation, are you sure that you want to risk cancer, heart palpitations, or other health problems? And if it is a violation of your probation, health care is seriously deficient at most prisons and jails. Please consider that before taking something that you say is likely to be carcinogenic.