Expansion of synthetic drug ban considered

Additional variations of synthetic drugs known as “K2” or “spice” would be banned under legislation heard by the Judiciary Committee Feb. 26.

LB811, introduced by Ogallala Sen. Ken Schilz, would amend one class of currently banned substances under the Uniform Controlled Substances Act and would add another class of synthetic cannabinoids to the list of banned substances. The bill also would revise the act to apply to substantially similar imitations of currently prohibited controlled substances.

The bill would increase the penalty for the manufacture, distribution, delivery or possession with intent to distribute or deliver an imitation controlled substance. First time offenders would be guilty of a Class I misdemeanor punishable by up to one year imprisonment, a $1,000 fine or both. Subsequent offenses would be a Class IV felony, punishable by five years imprisonment, a $10,000 fine or both.

Schilz said he brought the bill because manufacturers of synthetic cannabinoids circumvent current bans by changing the chemical makeup of their products to create legal substances. The results are deadly, he said.

“This process seems to have made the end product even more dangerous than the original substance it is intended to mimic,” Schilz said. “Nebraska children are obtaining the new versions of these synthetic cannabinoids and literally dying because of the chemicals used to produce them.”

Christine Gabig, Douglas County Sheriff’s forensic scientist, testified in support of the bill. She said the bill includes language that would give law enforcement flexibility in combating imitation cannabinoid compounds they have yet to encounter.

Steve Tucker of Waverly said the substance was responsible for killing his son, William Tucker. Testifying in support of the bill, Tucker asked the committee to consider banning additional compounds not yet available in the United States.

Kali Smith also spoke in favor of LB811, saying synthetic cannabinoids caused her son, Tyler, to commit suicide. She said he had been misled into using the product, assuming it was harmless because he was able to purchase it legally.

“Our children deserve better,” Smith said. “They deserve to know what they are buying and they don’t deserve to be lied to and deceived by this type of marketing of synthetic drugs.”

Chris Eickholt of the Nebraska Criminal Defense Attorneys Association testified in opposition to the bill. He said the bill’s “loose language” does not clearly specify which compounds are illegal. Further, he said, increasing the subsequent offense penalty is too severe.

“You’re going to make a lot of people felons who shouldn’t be there,” Eickholt said.

Omaha Sen. Ernie Chambers also testified in opposition to the bill, saying the Legislature’s current method of banning new compounds annually is “a hoax and a sham” that does not protect the public.

“Criminalizing a substance every time a new one comes into being … is futile,” he said.

The committee took no immediate action on LB811.