BY: Sophia Voravong • Journal and Courier • August 18, 2010
Lafayette-area residents who want to buy spice or K2 — a legal mixture of herbs coated with a synthetic chemical that mimics marijuana’s high when smoked — could soon have to go outside Tippecanoe County.
Law enforcement leaders are pushing government bodies here to adopt ordinances that would prohibit spice from being sold in the community. Their concerns are prompted by what officials perceive to be growing popularity of the herbal mixture, particularly among youth.
The synthetic chemical is said to be 10 times more powerful than marijuana.
Recent encounters between patrol officers and people who admitted being on spice troubled Lafayette Police Chief Don Roush.
“We had to use force on one guy,” Roush said. “Another officer interviewed a guy on spice … who described hallucinations.”
Boone and Morgan county commissioners passed similar bans this week. The first reading of Lafayette’s proposed ordinance could go before the Lafayette City Council at its next monthly meeting on Sept. 13, Roush said.
Specifically, it would make it illegal for businesses and people to sell or barter synthetic cannabinoids. If passed, violators would be fined up to $250.
A draft of Lafayette’s ordinance was given to West Lafayette city attorney Eric Burns for review, according to West Lafayette Police Chief Jason Dombkowski.
West Lafayette could have its own proposal ready for the city council by September, Mayor John Dennis said.
Student reactions
John Peck, a sophomore at Purdue University, supports pulling spice from local shelves. Though he has never witnessed the effects of spice, Peck said its fast-growing reputation as a dangerous drug is reason for concern.
“I’ve heard a lot of stories about it … but anything that gets such a bad rep so fast can’t be good for you,” he said. “It sounds like what they want to do is only affecting the small number of people who openly buy it.
“It’s also going to keep them from introducing it to new users before it gets bigger. It sounds good to me.”
Ezra Benet of Lafayette disagrees. He thinks area legislators and law enforcement leaders are overreacting because of spice’s following.
“I think they need to do more testing first. It’s like they want to ban everything they don’t agree with,” he said. “I’m not saying that it’s good for you — I really don’t know.
“I just think there are other dangerous substances they should be more concerned about. Ban alcohol and cigarettes. We know for sure they can kill you.”
Question of use
Spice and K2 typically are marketed as incense or aromatic potpourri, often with labels that say the mixture is not meant for human consumption. However, some users began smoking it as they would marijuana to get a legal high.
Because spice is not meant for consumption, its use is not regulated.
Amused Clothing, which has one store in West Lafayette and another in Lafayette, is the only shop in Tippecanoe County that sells spice.
Dombkowski said he met with the stores’ owner earlier this summer to discuss spice’s popularity in the community.
Attempts on Tuesday to reach Amused Clothing owner Bob Krusinski for comment were not successful.
“It’s a very popular item right now,” Dombkowski said. “With the amount that has been sold in our community, it’s not being sold just for incense. With the quantity they are selling, they have to know that some of it — if not all of it — is being smoked for human consumption.”
In the emergency room
Dr. Marc Estes, the chief of emergency medicine at St. Elizabeth Regional Health, said spice can cause acute psychotic episodes and hallucinations. He’s personally witnessed people on spice and described them as more combative — a sharp contrast to marijuana users, who typically are nonconfrontational.
Though spice and marijuana affect the same neuro-receptor, Estes said, spice’s effect is stronger and quicker.
“Some of the effects of the drug, at times, is similar to the effects of other hallucinogens, such as PCP,” the doctor said.
“They seem to be resistant to some of the normal methods of calming and restraining a patient.”
St. Elizabeth first began seeing patients who admitted using spice this past spring, Estes said. He estimates currently seeing about two patients a week.
Typically, they come in for treatment of psychological disorders, such as depression or suicidal thoughts, and intoxication-related issues, Estes said. They’ll then later admit to using spice.
“I think it’s a problem for multiple reasons,” Estes said. “It’s a brand new drug, so we don’t know all of the short-term effects. We certainly don’t know the long-term effects.
“(And) it’s a mood and mind-altering substance you can purchase at the gas station.”
However, spice’s popularity in Tippecanoe County could be disputed. Several college-age people who were stopped by the Journal & Courier on Tuesday on the Purdue University campus said that they never heard of the product.
Twisted Minds, another local head shop and tattoo parlor, does not carry the product. On Tuesday, Twisted Minds employees told the Journal & Courier they do not sell spice because of reports that it was hurting customers.
State action possible
The proposal of local ordinances comes as several Indiana lawmakers have announced plans to introduce state legislation that would make the sale and possession of spice a crime.
State Sen. Ron Alting, R-Lafayette, is one of them. He’s been working on a draft for four months.
“I have two teenagers. When you have two teenagers, you are pretty aware of what is happening on the streets,” Alting said. “It’s a bad, bad substance.
“Until we can get something passed at the state level, I’m encouraging communities to pass their own ordinances to get it off the shelves.”
By law, cities and counties cannot pass ordinances that would make something a crime.
Alting said he is trying to determine what penalties would best fit his spice legislation. He said some prosecutors are in favor of treating spice like other hallucinogens, unlawful possession of which is considered a felony.
Others believe it should be treated like marijuana, which begins as a misdemeanor, depending on the amount.
“I’m leaning more toward marijuana on the penalty portion myself,” Alting said. “To throw a young kid in prison for a long period of time for making a poor choice, I’m not sure I support that.”
Alting is planning to consult with Tippecanoe County Prosecutor Pat Harrington and Sheriff Tracy Brown.
Tippecanoe County Commissioner John Knochel said the commissioners could review a spice ban at its September meeting.
Harrington said Tuesday that he believes spice should be considered a controlled substance similar to LSD and mushrooms, which would make possession and selling a felony.
“Those substances have a higher criminal (penalty) and are classified as more serious because of the effects on the body,” Harrington said. “I believe (spice) should be a felony given the serious health threat this drug is.”
Partial ban already in effect
Although spice or K2 is legal, Tippecanoe County’s Forensic Diversion Drug Court recently chose to include it on a list of substances that participants cannot use.
One person was rejected from the problem-solving court because he admitted using spice, said Judge Michael Morrissey of Tippecanoe Superior Court 6, who supervises Drug Court.
“We’ve heard stories from people who used it and became ill,” Morrissey said. “It’s a mind-altering substance, and we don’t want people in drug court using any mind-altering substance.”
Katy Travis, Program Director for the Drug-Free Coalition of Tippecanoe County, said she is happy to see progress being made to ban spice at the local level.
“We think it’s important to move forward at the community level because they can make changes faster than the state can,” she said. “We’re excited to see the community taking a stand against something that is dangerous and prevalent in our community.”
Travis said the coalition first learned of the product a few months ago. She added that because spice producers have the freedom to alter their products, it is difficult to survey its use and popularity.
“All K2 is not the same across the board,” she said.
What’s next
Ordinances banning the sale of synthetic marijuana substitutes could be up for review as soon as next month.
The next West Lafayette City Council meeting is at 6:30 p.m. Sept. 7 at City Hall, 609 W. Navajo St.
The Lafayette City Council will meet at 7 p.m. Sept. 13 at City Hall, 20 N. Sixth St.
The next Tippecanoe County Commissioners meeting is 10 a.m. Sept. 7 at the County Office Building, 20 N. Third St.