Gary Munyon was charged in Worth County Associate Circuit Court with Possession of a Synthetic Cannabinoid. Missouri State Highway Patrol Trooper Robert Dudick signed a probable cause statement alleging that on March 25th, 2012 on Route YY west of 169 near Grant City, Dudick stopped Munyon for a lane violation. During what Dudick said was a consent search, he found Mr. Marley incense, cigarette papers, a container of Fusion incense, and two containers of Quick Fix Plus. There are many products that are marketed as incense but which produce highs similar to marijuana and which are labeled as not for human consumption. Quick Fix Plus is a synthetic urine that is designed to defeat drug tests.
The probable cause statement by Dudick states that the incense in question was sent to the Highway Patrol crime lab and that it tested positive for controlled substances. The statement said that the defendant admitted that he smoked it to get high, but that he did not think it was illegal to have incense.
In 2011, the Missouri Legislature passed and Governor Jay Nixon signed a law making the sale, distribution, or possession of synthetic cannabinoids and synthetic cocaine illegal. This law also includes K2, certain bath salts, and other substances. Opponents, especially in the Ozarks, said that the new law amounted to an infringement on peoples' rights, saying that it was no more harmful than beer. Others, however, describe violent and abusive behavior and hallucinations that have lasting effects for days. Greene County, MO had people treated at emergency rooms after K2 was smoked. Supporters argue that passage of the law was necessary because it rose to the level of a public health issue.
This year, in 2012, President Obama signed a bill banning synthetic marijuana and other synthetic drugs at the federal level. It costs around $20 per gram and people spend as much as $100-$200 per week on these products.
But the battle on these substances has just begun. There is no specific list of brands available which constitute K2 in Missouri and there is therefore much confusion over what is legal and illegal. And vendors, especially in the south part of the state, are already turning to K2 alternatives which they say are legal. And a basic question for lawmakers is, how far can the government reasonably expect to go? People can get high sniffing common substances such as glue, paint, lighter fluid, fingernail polish, permanent markets, Whiteout, and deodorants. Yet no reasonable person is arguing that we should ban the sale or possession of such substances.
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