Synthetic Drugs Difficult to Regulate

We still do not know exactly what caused the death of 19-year-old Logan Kushner, who smoked an herbal incense called Jazz and then behaved unusually before he was found at Clearwater's Kapok Park early Sunday morning. 

But the tragedy is shedding light on just how difficult it is to regulate and police synthetic drugs.

"Whether it's K2 or Jazz, they're certainly out there; they're commonly available," Pinellas County Sheriff Bob Gualtieri said.

The synthetic drugs are nicknamed "fake pot" and are sold in eye-catching packages marked K2, Jazz and Spice.  They're marketed as legal herbal products and are often sold at head shops, gas stations and convenience stores.

Last March, the U.S. Drug Enforcement Administration (DEA) banned products containing any of five chemicals often used to make fake pot. The state of Florida also implemented its own ban on synthetic drugs.

But, even with the bans, manufacturers continue to be one step ahead of the federal law. Gualtieri says manufacturers simply alter the chemical makeup of a banned synthetic drug, creating a new chemical that is not banned.

He says another reason fake pot is hard to police is that the products are not marketed as marijuana.

"You have products out there that are not marijuana, they don't fall within the counterfeit statute, and they don't fall within the chemical prohibition," he said. "We don't have any tests other than to send it to the lab. It's very difficult from an enforcement standpoint to deal with it."

Gualtieri believes the battle against synthetic drugs will require additional legislative action.

In Tallahassee, Florida Attorney General Pam Bondi is aware of Kushner's death and the synthetic drug problem.

"I am deeply saddened to learn of Logan Kushner's death, and this is exactly why we must do everything in our power to ban all synthetic drugs and protect Floridians," she said in a statement released by her office.

Bondi says she'll be working with the Florida Department of Law Enforcement and lawmakers during the upcoming legislative session with the goal of keeping people safe from the dangerous drugs.

Here in Palm Harbor, local emergency officials say they have not responded to many incidents involving synthetic drugs like herbal incenses, but they're still concerned.

"Even though the package states 'not intended for human consumption,' people still use and abuse it. We have not seen a significant number of patients in Palm Harbor. We just hope the warnings are observed and the state can get a handle on its sale in Florida," said Bob Markford, chief of EMS/Safety at Palm Harbor Fire Rescue.

Even if the state toughens laws on synthetic drugs, Gualtieri thinks the drug manufacturers need to take some responsibility and stop preying on people.

"Does anybody in the world really think that 16-year-olds and 18-year-olds are walking into a gas station to buy a $6 bag of incense to make their rooms at home smell nicer?" he said.

"These companies are looking to make a buck at the expense of these kids and people who are using the stuff to get high on it."