Local Authorities Warn K2 Sellers to Beware of Civil and Pending Criminal Penalties

As legislation seeking a statewide ban on the synthetic drug K-2 heads to Gov. Rick Snyder's desk for a signature after broad approval in the State Senate this week, local police chiefs are encouraging citizens impacted by the drug to take their own legal action.

"I would encourage any family that has suffered because of K-2, Spice or any other synthetic substance to pursue civil litigation against any business they can prove sold this product while we’re awaiting legislation and even after the legislation is passed," Chief Kirt Bowden said in a prepared statement this week.

Bowden said police found no businesses selling the substance during a sweep roughly a year ago, and again following the of the drug.

“The Smith’s suffered a loss that is incomprehensible...no one should have to go through the grief they are experiencing,” he said, noting that many of the businesses are not comprised of just a single store, but part of a larger corporation that could be held responsible.”

Of Interest:

Bowden is not alone. At a in April, Jerry Narsh challenged attendees to stop purchasing goods at local gas stations that they know sell .

Last month Oakland County officials announced an , and those that notify the county that they will not be selling the drug will be given a window decal for their business announcing their pledge.

Now, Narsh is suggesting that victims of the designer drug consider civil liability lawsuits against the companies that sold them the K2.

“If you choose to continue sales in the face of all the public awareness and known hazards then you should be at risk for civil product liability lawsuits for anyone harmed by the products that you sell,” Narsh said.

Narsh said he has started talking with other law enforcement officers about identifying the point of sale when police investigations find there was harm from the use of K2.

In addition to Smith's death, there have been a variety of incidents involving the substance, including a teen’s death in Bloomfield Township and murder cases in and Farmington Hills. In after smoking the product.

“I think what it does is raises the ante on people who sell this crap — it’s garbage,” Narsh said. “Every single business that sells this knows who’s buying it and why. Now I’m just suggesting that they be held responsible for that decision when someone is injured or harm is caused by that sale.”

Whether or not an argument will stand in the court of law, Narsh said he will leave up to the lawyers, victims and the courts, but said he believes that people should be using all of the Michigan laws currently in place to stop sale of the product.

Narsh noted that based on a conversation with members of the Michigan legislature, he believes that by the first week of July there will be a statewide effective ban in the state of Michigan. A federal ban of the product, which will protect the borders of the United States from the substance being imported and from state-to-state transfers, should be in place on July 4. The state law “will allow for fast and effective local prosecution for those that use, sell and possess it,” Narsh said.

Other local cities, such as , and have placed city-wide bans on selling or possessing the drug.

In addition to the Oakland County initiative, Narsh is pleased to see that an Oxford woman is going around to businesses along Lapeer Road in Oxford and Lake Orion asking them to pledge not to sell the substance and issuing flyers to those businesses which read ‘in support of the teens and young adults of our community this store will not sell these products or other synthetic drug products like them’.

“If profit is a reason to sell it, then profit is a reason to take it off the shelves,” he said.

The has also been actively spreading the word and helping stop the sales of the substance, he said.

Narsh was pleased to say, “The days of K2 are now numbered.”