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Synthetic Marijuana & Designer Drug Charges
Facing Charges for Synthetic Marijuana and Designer Drugs
Synthetic marijuana, often called “spice” or “K2”, and other designer drugs like bath salts are illegal substances that are similar to marijuana, cocaine, ecstasy or other dangerous drugs. Getting charged with possessing, selling or trafficking these substances can lead to serious legal consequences. If you are facing charges related to synthetic drugs in your state, it’s important to understand the laws around these substances and work with an experienced criminal defense lawyer to protect your rights.
Overview of Synthetic Marijuana and Designer Drug Laws
Although synthetic marijuana and bath salts may be marketed as “legal” highs, most states have passed laws making them illegal. According to the National Conference of State Legislatures, over 40 states have banned various synthetic cannabinoids and cathinones (key chemicals in synthetic marijuana and bath salts).
The federal government has also passed laws like the Synthetic Drug Abuse Prevention Act in 2012 which banned many common chemicals used to make synthetic marijuana, bath salts and other designer drugs illegal at the national level. However, the manufacturers of these substances continue to change their chemical formulas to try and bypass the laws, so new analog drugs that produce similar effects continue to hit the market across many states.
| Drug Type | Common Street Names | Health Dangers |
|---|---|---|
| Synthetic Marijuana | K2, Spice, Scooby Snax, Green Giant | Increased heart rate, vomiting, violent behavior, psychosis |
| Synthetic Cathinones | Bath salts, Flakka, Cloud 9 | Extreme paranoia, hallucinations, violent behavior |
Despite the illegality of synthetic marijuana, bath salts, and related designer drugs in most states, these substances continue to cause harm in communities around the country. According to the CDC, over 28,000 people visited emergency rooms in 2018 due to side effects from synthetic marijuana use alone.
Penalties for Synthetic Drug Possession, Distribution and Trafficking
The specific charges and penalties for synthetic marijuana, bath salts and other designer drugs vary by state. But in general, you may face charges like:
- Possession – Having synthetic marijuana or other designer drugs on your person or property
- Possession with intent to distribute – Having larger quantities that show intent to sell or share with others
- Distribution/trafficking – Selling, sharing or transporting synthetic substances
Much like illegal drugs, the penalties depend on the amount you possessed or sold. Having a small quantity for personal use may lead to lighter penalties compared to someone caught trafficking or selling kilos of synthetic substances across state lines.
Most states classify synthetic designer drugs as Schedule I controlled substances, which means they face penalties similar to dangerous and illegal drugs like heroin or LSD. Depending on your state laws, possible penalties can include:
- Up to 1+ years in prison for possession
- Up to 5+ years for distribution
- Up to 15+ years for trafficking
- Thousands in fines and fees
- Driver’s license suspension
In some cases, those facing synthetic marijuana or bath salt trafficking charges may also face federal charges and steeper penalties depending on the quantity involved.
Finding a Defense Lawyer for Synthetic Drug Charges
Facing synthetic drug charges can be scary. But an experienced criminal defense lawyer can help protect your rights and future. The first step is understanding the laws and possible defenses that could apply to your case.
According to defense lawyers, common legal defenses in synthetic marijuana cases could include :
- Lack of criminal intent – For example, you didn’t know a substance you bought or sold was illegal under the state laws
- Entrapment – Law enforcement coerced you into committing a crime you wouldn’t have otherwise
- Illegal search – Police didn’t have probable cause or a warrant to search your home/property and seize illegal substances
- Misidentification – Lab tests incorrectly identified a legal substance as an illegal synthetic drug
An attorney can also negotiate with prosecutors for reduced charges or sentencing alternatives to jail time like probation or diversion programs. Especially for those facing a first-time drug offense.
When searching for a synthetic drug crimes lawyer, look for an attorney with experience handling complex drug cases in your state. Ask questions like:
- How many drug crime cases have you defended?
- What are some example drug crime cases you’ve won?
- What defenses could apply in my type of synthetic drug case?
- What alternative programs are available to avoid jail time if convicted?
Having an open conversation with prospective lawyers can help you understand your legal options and find the best legal defense. Top-rated defense lawyers you can contact include:
- Parks & Braxton Attorneys at Law – Tampa, FL
- Levine & McHenry LLC – Phoenix, AZ
- Pfaff, Gill & Ports LLC – Philadelphia, PA
- Or search state bar associations and legal sites like Avvo for top-rated synthetic drug crimes lawyers near you.
What to Expect During Your Case
If you do face synthetic marijuana or designer drug charges, understand that a criminal case can take many months to resolve. Trying to navigate the justice system alone can be confusing and overwhelming. An attorney guides you through critical steps like:
- Arrest and Booking – If arrested, you’ll be photographed, fingerprinted and held until bail is posted. Never speak about your case until your lawyer arrives.
- Charges Filed – Prosecutors review police reports then decide what formal charges to file against you. Charges must be proven “beyond a reasonable doubt” at trial.
- Plea Bargaining – Many cases end in plea bargains rather than trial. An attorney negotiates with prosecutors for reduced charges or sentencing leniency.
- Pre-Trial Motions – Lawyers file motions asking the court to throw out evidence, test substances again or dismiss charges due to legal technicalities.
- Trial – If no plea deal, your case heads to a trial where a jury decides if you are guilty or not guilty based on the evidence.
- Sentencing – If found or plead guilty, the judge determines penalties and jail time based on state mandatory minimum sentencing guidelines.
Having a skilled lawyer to advocate for you each step of the way can help reduce charges and consequences. They also advise you on steps after the criminal case like expungement eligibility.
Finding Hope and Help
Facing synthetic drug charges can be frightening. But try not to lose hope. An experienced criminal defense attorney can help protect your rights and future as your case moves forward. They may even be able to get charges reduced or dismissed.
If you also struggle with addiction, your lawyer can help connect you with counseling and rehab programs as well. Many states now offer alternatives to jail for those battling substance abuse disorders. And support groups can provide peer counseling and encouragement during the legal process.
You still have a bright future ahead even if you made a mistake with synthetic marijuana, bath salts or other drugs. The right lawyer gives you a powerful ally and advocate during this difficult time. So don’t wait to seek out help and legal defense options in your state today.
Resources
- How a Drug Lawyer Can Help – Discussion on Reddit
- Synthetic Marijuana Addiction – YouTube Video
- Overcoming Designer Drug Abuse – Recovery Podcast
- The Dangers of Synthetic Cathinones – Wikipedia
- Find a Top Drug Crimes Lawyer Near You – Avvo Attorney Search