LEGAL EASE
by Shane Givens and Summer McWhorter

May 23, 2012

The dangers of spice


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Spread the word: Legal weed is no longer legal. I have had numerous clients who were upset at being charged because they were caught with what many refer to as “legal weed” or spice. For a period of time, it was easy to buy spice and many people saw it as a legal alternative to marijuana.

This past fall, Gov. Robert Bentley and State Health Officer Dr. Donald Williamson banned, by emergency order, many marijuana-like products being sold in convenience stores and tobacco shops. This made the possession or sale of these substances against the law. The emergency order acted to add chemical compounds usually found in synthetic marijuana to the Alabama Controlled Substances List.

To follow up that emergency order, Gov. Bentley recently signed into law Senate Bill 208. This new law expanded drug laws to include synthetic marijuana compounds. These synthetic marijuana compounds make up the drug often known as spice. Synthetic marijuana, including spice, has become very prevalent among young people. Many see it as a better alternative to marijuana. It's not.

Many people are having serious health issues related to the use of spice. Not to mention the fact that you can go to jail for being in possession, manufacturing, or selling spice. Over 30 people have been hospitalized after using the drug. It is believed that some of these people used spice that was laced with poison or pesticides. Many of these people have suffered kidney damage.

Aside from the possible health consequences, there are legal consequences to using, manufacturing, or selling spice. If authorities catch a person with spice, that person can be charged with unlawful possession of a controlled substance, a Class C felony.


Any person caught with 28 grams or more of any item listed in Schedule I of the Alabama Controlled Substances List can be charged with trafficking in controlled substance analogs. This is a Class A felony. The punishment includes a mandatory minimum sentence of 10 years with at least three calendar years to actually be served. In addition to the required sentence, a minimum fine of $50,000 will also be imposed.

In addition to the chemicals already listed in Schedule I, the newly-signed law added 30 specific chemicals to the list. Along with those 30 specific chemicals, the law also added chemicals that contain a chemical structure similar to any other controlled substance listed in either Schedule I or Schedule II which also exhibits certain characteristics of drugs of abuse.

Because of the dangers associated with spice, local law enforcement agencies are taking a hard-line stance against this drug. Using, making, selling or giving away spice could land you in a world of trouble. This drug is dangerous. It could hurt you and land you in jail. Don't say you weren't warned.  

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to
givenslaw@tds.net.