Lawmakers gave first-round approval March 7 to a bill that would ban certain synthetic drugs.<\/p>\n
LB1009, introduced by Gothenberg Sen. Matt Williams, would ban the sale and marketing\u00a0of \u201clookalike\u201d substances. Williams said the bill is intended to prevent sales of a harmful and illegal synthetic drug called K2, which often is sold in deceptive packaging to skirt the law.<\/p>\n
There were 120 emergency room visits related to K2 in Lincoln last year, Williams said.<\/p>\n
\u201cThere has been frustration because each year we bring legislation that changes the banned chemical compounds. As soon as we do that, someone [finds out] what the compound is and manufactures a new version,\u201d he said. \u201cThis may not be a silver bullet but it gives us the tools to get [K2 products] off the shelves and keep them off the shelves.\u201d<\/p>\n
The bill would define a lookalike substance as one that is not specifically categorized as a controlled substance but possesses one or more of the following characteristics:
\n\u2022 packaging or labeling that suggests a user would achieve euphoria, hallucination, mood enhancement or stimulation that mimics those of a controlled substance;
\n\u2022 images or labels that suggest it is a controlled substance;
\n\u2022 disproportionately high pricing; or
\n\u2022 warning labels suggesting compliance with state and federal law regulating controlled substances.<\/p>\n
A person who knowingly offers, displays, markets, or sells a lookalike substance would be guilty of a Class IV felony, which carries a maximum penalty of two\u00a0years imprisonment with 12 months probation, a $10,000 fine or both.<\/p>\n
A Judiciary Committee amendment, adopted 28-0, added an emergency clause as well as a severability clause, which means that if one part of the bill were declared to be unconstitutional, the remaining parts of the bill would not be impacted.<\/p>\n
Omaha Sen. Nicole Fox spoke in support of the bill. She said it would help to curb the manufacture of K2, which is easily accessible to youth and adults alike.<\/p>\n
\u201cWe can send a clear message to the manufacturers that we won\u2019t stand idly by while they continue to [evade] the law and put Nebraskans at risk,\u201d she said.<\/p>\n
LB1009 also classifies the production, distribution and sale of certain lookalike substances as violations of the Uniform Deceptive Trade Practices Act. Each individual package would be considered a separate violation. The bill would not restrict the ability of scientific experts to use synthetic substances for investigative purposes.<\/p>\n
The bill advanced to select file on a 35-0 vote.<\/p>\n","protected":false},"excerpt":{"rendered":"
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