Are Synthetic Drugs Like Bath Salts Legal to Make and Sell?

Are Synthetic Drugs Like Bath Salts Legal to Make and Sell?

Synthetic drugs have become increasingly popular in recent years, especially among young people looking for legal highs. But even though they are often marketed as “legal” alternatives to illegal drugs, the legality of synthetic drugs is complicated and constantly evolving. Substances like synthetic cannabinoids (synthetic marijuana) and synthetic cathinones (bath salts) inhabit a legal grey area that lawmakers and law enforcement struggle to regulate.

What are Synthetic Drugs?

Synthetic drugs are man-made chemicals that are designed to mimic the effects of traditional illegal drugs like marijuana, cocaine, LSD, and methamphetamine. They are often marketed as legal, “natural,” and safe alternatives to illicit drugs, but in reality they can be extremely dangerous.

Some common categories of synthetic drugs include:

• Synthetic cannabinoids like K2 and Spice – chemicals that mimic THC, the active ingredient in marijuana
• Synthetic cathinones like bath salts – chemicals that mimic amphetamines like ecstasy and cocaine
• Synthetic psychedelics like NBOMe – chemicals that mimic LSD

Manufacturers try to avoid legal regulation by constantly changing the chemical structures of these drugs. They also disguise synthetic drugs as everyday household products – for example, labeling packets of white powder as “bath salts” or “plant food.”

Are Synthetic Drugs Legal?

In short – sometimes, but it’s complicated. When new synthetic drugs first emerge, they may be legal for a short time before law enforcement and lawmakers can evaluate them and schedule them as controlled substances. Manufacturers try to stay ahead of the law by constantly tweaking chemical formulas to create new unregulated analogues faster than governments can ban them [2].

For example, synthetic cannabinoids were legal in many states when they first appeared in the early 2000s. But as their dangers became apparent, the DEA began scheduling many of them as Schedule I controlled substances, making them illegal at the federal level. By 2011, most states had also banned many synthetic cannabinoids [3].

However, underground chemists stay ahead of the law by constantly developing new unregulated synthetic cannabinoid compounds. A drug that is illegal under one chemical name is quickly rebranded under a new name that is not scheduled. This “whack-a-mole” game means synthetic drugs often occupy a legal grey area until lawmakers can evaluate the new chemical variations emerging on the market.

Federal Regulation of Synthetic Drugs

At the federal level, synthetic drugs are primarily regulated by the Controlled Substances Act (CSA), which categorizes drugs into schedules based on their potential for abuse and accepted medical use:

• Schedule I – High potential for abuse, no accepted medical use. Includes ecstasy, LSD, heroin, and marijuana.
• Schedule II – High potential for abuse with severe psychological or physical dependence. Includes methamphetamine, fentanyl, and cocaine.
• Schedule III-V – Lower potential for abuse. Includes drugs like Tylenol with codeine.
• Unscheduled – No accepted medical use, but low potential for abuse. Includes synthetic drugs not specifically listed as controlled substances.

The Drug Enforcement Agency (DEA) has emergency authority to schedule new synthetic drugs on a temporary basis to avoid an “imminent hazard to public safety.” This allows them to schedule newly emerged synthetic drugs as Schedule I substances for up to 5 years while they evaluate the long-term risks [4].

However, drug manufacturers try to avoid this by constantly tweaking chemical formulas to create new analogues that are not yet scheduled. The DEA plays catch up by emergency scheduling new versions, often to no avail.

State Regulation of Synthetic Drugs

States have also begun passing broader laws banning synthetic drugs as a class, rather than scheduling individual chemical compounds [5]. For example, many states have passed laws banning synthetic cannabinoids and cathinones as a class.

Some states have passed very broad bans on any substance that mimics controlled substances, regardless of chemical structure. This helps close legal loopholes that manufacturers exploit.

However, enforcement remains challenging. Manufacturers label packages as “not for human consumption” while marketing them in ways that suggest otherwise. Creative chemists stay one step ahead of even the broadest bans.

Dangers and Effects of Synthetic Drugs

While synthetic drugs are often marketed as safe, legal alternatives to illegal drugs, they can be extremely dangerous and unpredictable.

Some potential dangers include:

• – Unknown chemical composition – Manufacturers frequently change chemical formulas, so users never know exactly what they are getting.
• – Toxic contaminants – Synthetic drugs are often produced in illegal labs with no quality control or safety regulations.
• – Severe side effects – Synthetic marijuana has been linked to kidney damage, seizures, psychosis, and death.
• – Addiction – Many synthetic cathinones are highly addictive.

Reported effects of common synthetic drugs include:

• – Synthetic marijuana – altered consciousness, lethargy, confusion, paranoia
• – Bath salts – euphoria, increased sex drive, paranoia, violent behavior
• – NBOMe – hallucinations, seizures, dangerously high fever

These unpredictable and dangerous side effects make synthetic drugs extremely risky to use recreationally.

Are Research Chemicals Legal?

“Research chemicals” is a loose term for synthetic drugs sold for recreational use under the guise of scientific research. Websites sell these drugs alongside laboratory equipment to make them appear legal.

In reality, the legality of research chemicals is questionable at best. The Federal Analogue Act allows any chemical “substantially similar” to a Schedule I or II controlled substance to be treated as illegal, regardless of its formal scheduling status. This gives prosecutors broad discretion to charge those distributing research chemicals analogues.

While creative chemists try to avoid Analog Act restrictions by modifying chemical structures, almost all research chemicals mimic scheduled illicit drugs very closely. Distributing them for human consumption is extremely legally risky.

Can You Make and Sell Synthetic Drugs Legally?

In short, no – manufacturing and selling synthetic drugs intended for human recreational use is very likely illegal.

Even if a substance is not specifically listed as a scheduled controlled substance, the Federal Analogue Act allows the DEA to treat it as a Schedule I substance if it has similar effects and chemical structure to scheduled illicit drugs.

The DEA is very aggressive about prosecuting synthetic drug manufacturers and retailers. Operation Log Jam in 2011 led to more than 90 arrests and seizure of $36 million in synthetic drugs and cash . More recently in 2022, Operation Crystal Shield led to seizures of 42 kilograms of synthetic drugs .

Penalties for manufacturing or selling synthetic drugs include years in prison and massive fines. The risks involved in trying to exploit legal loopholes simply are not worth the potential consequences.

The Future of Synthetic Drug Legislation

The cat and mouse game between lawmakers and underground chemists continues with no end in sight. As soon as one synthetic drug is banned, chemists synthesize new analogues and the cycle continues.

Some suggest it is time to rethink the prohibition-based approach to synthetic drugs. Creating regulated, legal markets for currently illicit drugs could undermine the strong financial incentives for synthetic drug producers [4].

However, synthetic drugs do need some form of regulation to reduce public health risks from uncontrolled manufacturing and distribution. Perhaps a public health-focused approach could allow limited, regulated access to reduce risks relative to outright prohibition.

But for now, the legal status of synthetic drugs remains ambiguous and in flux. Lawmakers face significant challenges in effectively regulating these rapidly evolving substances.