On March 1, 2011, the United States Drug Enforcement Administration (DEA) exercised its emergency scheduling authority and published a Final Order to control five chemicals used to make so-called “fake pot” products. The five chemicals are JWH-018, JWH-073, JWH-200, CP-47, 497 and cannabicyclohexanol.
Except as authorized by law, the action makes possessing and selling these chemicals or the products that contain them illegal in the United States. The scheduling action will remain in effect for at least one year while the DEA and the Department of Health and Human Services further study whether these chemicals should be permanently controlled.
Over the past couple of years, smokeable herbal products marketed as being “legal” and as providing a marijuana-like high, have become increasingly popular, particularly among teens and young adults. These products consist of plant material that has been coated with research chemicals that claim to mimic THC, the active ingredient in marijuana, and are sold at a variety of retail outlets, in head shops and over the internet. These chemicals, however, have not been approved by the FDA for human consumption, and there is no oversight of the manufacturing process. Brands such as “Spice”, “K2”, “Blaze”, and “Red X Dawn” are labeled as herbal incense to mask their intended purpose.
