West Georgia Lawyer Blog

The above picture shows Georgia Governor Nathan Deal signing SB370 (known as Chase’s Law).

Several months ago we reported in an article titled “DRUG ENFORCEMENT UNITS PREPARE TO BEGIN ENFORCEMENT OF “SPICE” BAN” that law enforcement agencies were sending out letters to local store owners letting them know that the DEA has banned synthetic marijuana commonly known as “spice” (sold under the more common brand names “K2”,“Spice”, and “Kronic”).  Synthetic cannabis is a psychoactive herbal and chemical product which, when consumed mimics the effects of marijuana. The DEA ban was made after citing a surge in emergency-room visits and calls to poison-control centers that included seizures, hallucinations, paranoid behavior, agitation, anxiety, nausea, vomiting, racing heartbeat and elevated blood pressure in synthetic cannabis users.  On March 27, 2012, Georgia Governor Nathan Deal signed SB370 making the sale of synthetic marijuana illegal. Named for Chase Burnett, SB370 was named “Chase’s Law.” Chase was a 16-year old honor student and soccer player from Fayetteville who died in March after smoking synthetic marijuana.

SB370 not only made synthetic marijuana illegal, it also set out the penalties for possession of the substances. Section 3 of SB370 adds the substances commonly found in synthetic marijuana as schedule 1 drugs. Drugs listed as schedule 1 drugs are drugs or other substance that have a high potential for abuse and have no currently accepted medical use in treatment in the United States.  As a schedule 1 drug, simply possessing the banned substances is a felony which carries a possible prison sentence of 2 to 15 years.  Second or subsequent convictions carry 5 to 30 years.  Possession with intent to distribute ( a crime which most commercial sellers of the banned products would probably face) carries a possible prison sentence of 5 to 30 years and subsequent convictions carry a possible prison sentence 10 to 40 years or life.

Synthetic marijuana products were not known to most of mainstream America until a recent video was released that reportedly showed the popular young singer/actress Miley Cyrus allegedly high and hallucinating from smoking the synthetic marijuana.  Now the banned products will be receiving much more attention from local law enforcement officials.  Douglas County Sherriff’s office officials are giving local stores a 10 to 15 day grace period before it starts performing stings at area convenience stores.  Stores who currently have any of the products in their inventory are instructed to turn them into the Sherriff’s Office immediately.  After that period is up, law enforcement officials plan to start enforcing the law much more vigorously.

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Synthetic cannabis is a psychoactive herbal and chemical product which, when consumed mimics the effects of marijuana. It is best known by the brand names “K2”,“Spice”, and “Kronic”.  It has been sold under various brand names, online, and at some gas stations.

 When synthetic cannabis first went on sale in Georgia around 2006, it was thought that it achieved an effect through a mixture of legal herbs.  However, laboratory tests conducted in 2008 confirmed that the products actually contained synthetic cannabinoids which act on the body in a similar way to marijuana.  Although synthetic cannabis does not produce positive results in drug tests for cannabis, it is possible to detect its use in human urine.  Synthetic cannabis products have been made illegal in many European countries.

 The Drug Enforcement Agency (DEA) has stated that synthetic cannabis is a “drug of concern”, citing a surge in emergency-room visits and calls to poison-control centers. Adverse health effects associated with its use include seizures, hallucinations, paranoid behavior, agitation, anxiety, nausea, vomiting, racing heartbeat and elevated blood pressure.  Synthetic cannabis was banned by a number of municipalities scattered across the county.  Georgia has also enacted a ban on the substance.  On November 24, 2010, the U.S. Drug Enforcement Agency announced it would use emergency powers to ban synthetic cannabis.  As of March 1, 2011, five cannabinoids, (ingredients in some synthetic cannabis) are now illegal in the US.

 Because few people are aware of the product, and even fewer are aware of the ban, narcotics agents in several Georgia communities have begun hand-delivering letters to gas stations, convenience stores and other businesses, warning them that some over-the-counter items have been banned under state and federal laws.  Narcotics agents say they’re hoping that by delivering the letters, the products will disappear from store shelves. The letters warn store owners that they could face up to 30 years in prison for selling controlled substances.

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In the state of Georgia the crime of statutory rape occurs when a person engages in sexual intercourse with a person under the age of 16.  The crime is punished by imprisonment of 1 to 20 years, but if the defendant is 21 or older the minimum sentence is 10 years.  In both cases the defendant must register as a sex offender for the rest of his life.  Interestingly, the fact that an underage victim lied about their age to the defendant is not an excuse or defense.  So, even in cases where the underage person was the sexual aggressor and has lied about their age, the defendant is still guilty of the crime which carries a stiff sentence. 

Recently, it has been reported that a local Douglasville man is facing felony statutory rape charge in which he fathered a child by a 15 year old girl who had listed her age on her Facebook account as being 19 years old.  After the child’s birth, the defendant submitted to a paternity test, paid child support, and has not had any further sexual contact with the girl.  The defendant admits that he did have sex with the girl and is the father of the child but stopped having sex with her when he found out her real age.  The report also stated that the victim demanded more money above the child support and threatened to have the defendant locked up if he didn’t give her more money.  The defendant was unable to do so and was subsequently arrested.

At the bond hearing, Douglasville police department investigator made statements to the court about the unique situation.  Although Judge Susan Camp in Douglas County Magistrate Court reportedly gave the defendant a low bond she strongly warned him saying:  “This is a very serious charge. It’s a felony and it’s a sex offense and a conviction would mean you would be on the registry. You need to get an attorney.”

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