Indiana Governor Mitch Daniels signs harsher synthetic drugs ban

Gov. Mitch Daniels has signed a new Indiana bill into law that restricts additional chemicals and imposes more severe penalties for retailers selling synthetic drugs such as “bath salts” and “spice.”

HB 1196, signed March 15, covers more than 60 chemicals used to create drugs that mimic cocaine and marijuana. Retailers who sell synthetic drugs containing banned compounds could lose their retailer’s licenses for a year, face up to eight years in prison and be fined up to $10,000.

“Nobody really knows what are in these compounds,” said Rep. Matt Pierce, D-Bloomington, who voted in favor of the bill. “This stuff is getting manufactured outside the country and all kinds of other things are being added into it. A lot of these things, we have no idea what they are, and they’ve proven to be very toxic.”

Bath salts have effects similar to amphetamines and can cause damage to the nervous system, said bill author and Rep. Milo Smith, R-Columbus.

The bill, which includes an emergency provision, went into effect immediately.

Indiana first enacted a synthetic drugs ban in 2011. In Indiana, Smith said, about 20 deaths and hundreds of hospitalizations were reportedly caused by the use of synthetic substances. Rep. Peggy Welch, D-Bloomington, said the new law, which received unanimous support in the General Assembly, will close loopholes.

The former law also included a list of banned chemical compounds found in synthetic drugs, but chemists developing the synthetic drugs were altering the chemical compounds, Welch said. While the altered chemicals provided similar mind-altering effects, they were not the same chemical, which made them legal.

The Indiana Board of Pharmacy has power to ban chemicals found in synthetic drugs — in addition to chemicals already included in the law – after they are developed until the Indiana General Assembly reconvenes. Pierce said this provision could likely face constitutional challenges.

“There is some argument that criminal laws can only be made by the legislature,” Pierce said. “So I would not be surprised if we get some litigation over whether it is appropriate to have this administrative body adding to the list.”

However, Pierce said he believes the bill will be considered constitutional.

Bloomington Police Capt. Joe Qualters also expressed support for the law. While Qualters said BPD more frequently deals with cases involving drugs such as marijuana or cocaine, it has responded to incidents in which individuals under the influence of synthetic substances exhibited paranoia and violence.

“Some of those encounters have resulted in the individuals being transported to the hospital for treatment or to jail for the violence or another underlying criminal charge,” Qualters said. “We have also responded to burglaries at convenience stores where the synthetic drugs were the only items taken.”

To combat the distribution of synthetic drugs, Qualters said BPD, on its own or in response to complaints from citizens, will be able to check retailers to determine if they sell the product.

However, he said the underground trafficking of synthetic drugs could continue.

“There are always those who will seek out ways to meet their need or fulfill the demands,” Qualters said. “This new law will, hopefully, offer greater ability for enforcement by staying ahead of possible chemical alterations rather than playing ‘catch-up,’ as was done in the past.”

While Welch said she does not support the consumption of cocaine or marijuana, she said she has not heard stories of people going “wacko” like some have in cases involving synthetic substances. For this reason, she said, the bill received bipartisan support.

“These synthetic drugs are dangerous on many levels not only because of the chemicals involved — those known and unknown — that are ingested, but because of the dramatic physical and psychological effects,” Qualters said. “This is important legislation that was passed to address these issues.”