Breaking Bad and Criminal Law in Rhode Island: The Synthetic Cannabinoid



A new proposed bill in Rhode Island would seek to address the growing problem of synthetic Cannabinoids in the state. The below article explains what this new bill is all about.

Synthetic cannabinoids have been popping up all around the State in local smoke shops and convenience stores where they are commonly sold as herbal incense, potpourri or a botanical sachet. These synthetic cannabinoids are known by several aliases, including “Spice” and “K2.” They typically contain a mixture of herbs and spices sprayed with a synthetic compound that is chemically similar to THC, the psychoactive ingredient in marijuana.

Recently, the Rhode Island Senate considered legislation that would prohibit certain synthetic drugs. Sponsored by Sen. Stephen R. Archambault (D – Dist. 22, Smithfield, Johnston, North Providence), this Legislation will add synthetic cannabinoids and synthetic cathinones to the list of already banned Schedule 1 drugs. The additions to this list will put a new ban on the use of these synthetic drugs, their manufacturing or their sale.

The language of the proposed bill provides:

(43) “Synthetic drugs” means any synthetic cannabinoids or piperazines or any synthetic cathinones as provided for in schedule I; (h) Synthetic cannabinoids or piperazines. Unless specifically excepted, any chemical compound which is not approved by the United States Food and Drug Administration or, if approved, which is not dispensed or possessed in accordance with state and federal law, that contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1- Dimethylheptyl-11 ydroxytetrahydrocannabinol (HU-210); 1-Butyl-3-(1-naphthoyl)indole; 1 Pentyl naphthoyl)indole; dexanabinol (HU-211); or any compound in the following structural classes: (1) Naphthoylindoles: Any compound containing a 3-(1- (1) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited, to (2) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of this structural class include, but are not limited to (3) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of this structural class include, but are not limited, to, Pravadoline (WIN 48,098), (4) Cyclohexylphenols: Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl, or 2-(4-morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent. Examples of this structural class include, but are not limited to, homologue (cannabicyclohexanol); (5) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1- naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to, (6) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl) pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group (8) Any other synthetic cannabinoid or piperazine which is not approved by the United States Food and Drug Administration or, if approved, which is not dispensed or possessed in accordance with state and federal law.

As one can imagine, these equations and scientific processes look like they are right out of an episode of Breaking Bad. As such, the complicated science behind this bill is in place due to the constant changes to the chemical solutions of these synthetic substances. Creative people who make these derivatives using synthetic cannabinoids and bath salts are trying to find loopholes in the law every year by adding a compound or taking a compound out. Since the change in the product can stay one step ahead of the legislation process, the writers of this bill needed to address the process of manufacturing the synthetic derivatives as opposed to the product themselves.

With this equation, it is easy to deduce that as long as the incentive of making a lot of money is there, you are going to have those who will take their shot at ‘breaking bad’ and make as much as they can, any way they can. Criminal Defense lawyers need to ensure that potential clients have had the benefit of independent and objective toxicology testing. Otherwise, the State may be able to construe a non-criminalized synthetic as within the ambit of criminal prosecution, when in fact it is not.

This analysis is not as simple as it used to be, which is demonstrated by the complexity of the aforementioned compounds consisting the synthetic drugs. Do not take the charging decision for granted and always seek funds for independent toxicology testing.



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