A break from our previously scheduled programming for a "Drug War" update!

     S 3187 was signed into law just weeks ago, and already it’s had an impact on the herbal incense industry. I’m sure some of you have already noticed effects. Vendors like Mr. Nice Guy have gone from thriving to nothing, only a blank and empty website stands where their company once was.
     What exactly did S 3187 do? Let’s step back to the beginning with HR 1254. HR 1254 crept into view in November 2011 and put the industry on alert. Smart vendors began preparing for inevitable ban. They had already been through this song and dance before, but HR 1254 was different, it sought to hurt the industry in a broader sense by adding a rather long list of synthetic cannabinoids to Schedule I of the controlled substances act. HR 1254 was a bee in the bonnet of nearly every incense vendor, and to the near applause of the entire industry, HR 1254 stopped progressing forward and became dead in the water. That near cheer never got actualized though. The content of HR 1254 was lifted from the now-dead bill and put into S 3187, under a section entitled “Synthetic Drug Abuse Prevention Act of 2012.” With a wave of his pen, Obama signed S 3187 into law, and shit began to hit the fan.
     Remember the smart vendors who began preparing early? These are the guys who read up on the law, anticipated the changes, and got new blends into gear and prepared for market.  While some manufacturers were still relying on old tech to brew their aromas, others had prepped for the storm, and it’s a damn good thing. Long before S 3187 became law, possibly alongside the congressional journey of HR 1254, the Drug Enforcement Agency began prepping for something called Operation Log Jam.
     Operation Log Jam was a nationally coordinated and strategic attack on herbal incense retailers and manufacturers. While the exact numbers are a bit of a mystery, at least 100 people were arrested last week, 5 million packets were confiscated, and dozens of manufacturing facilities were shut down. While information on exactly which players in the industry were hit the hardest is still coming in, a quick visit to your favorite vendor might shed some light on whether or not they were hit.  
     Back to the smart vendors who were preparing for this attack? Those vendors still have websites flying strong. Waiting and anticipating the effects of HR 1254 and later S 3187, they stopped using synthetic cannabinoids months ago; if they were even using them to begin with.
     Despite it all, there is more than a mere glimmer of hope for these manufacturers to maintain their lifestyles; in fact there are probably a few buckets of optimism to be found. Some manufacturers are still running smooth. UR-144 and FUR-144 showed up in a number of incense before the ban went into effect, and these compounds remain unaffected by S 3187, however, every compound is at risk of being banned at the state level. Kansas has already declared a temporary ban on UR-144, and it’s only a matter of time before other states jump on board.
     At a federal level, the true effects of Operation Log Jam remain to be seen. Those 5 million satchels of incense the DEA confiscated; they’ve come out and admitted that not all of the packets seized contain a banned compound. This means they seized some perfectly legal blends, blends that contain UR-144 and other similar compounds. UR-144 is a cannabimimetic, but its structural class is so sufficiently different that it’s not covered under S 3187. Prosecutors however are hoping it might be covered under the Federal Analog Act of 1986. Under this law, compounds with a chemically similar structure to schedule I drugs are to be treated the in same way. The catch is that the compound must have been intended for human consumption; we know that is NOT the case. Ultimately, the courts will have to decide, and it’s going to come down to a judge and jury decision. If the analog act extends far enough to include UR-144 and all theoretical synthetic cannabinoids, the implications will be far reaching. They could be so far reaching as to accidentally ban some pharmaceutical drugs; bye bye Morphine drip. There’s a can of worms waiting to be opened here, but only time will unveil the whole story.
     Although the DEA is clearly going after distributors and manufacturers, and not patrons, you need to play it safe out there. Unsurprisingly, gas stations were hit hard by Operation Log Jam, as they were notorious for knowingly selling incense that contained illegal compounds. Their safety standard is the lowest, and the clerk behind the counter probably doesn’t even know what that little foil packet was. Get to know your vendor of choice, and request lab reports.  Look for transparency and professionalism and ask questions! If your favorite vendor is still kicking, they’ve definitely done something right. S 3187 caused some real growing pains, but it’s separated the serious vendors from the ones just looking to make a quick buck. To the manufacturers and vendors in the field, S 3187/HR 1254 was no surprise, serious players saw this coming from miles away and they planned for the ensuing chaos.
     From here on out, companies will have to strive for transparency to remain legal. Siegel & Wright Strategic Legal Counsel has made it clear that herbal incense clearly marketed as not for human consumption, are not illegal analog chemicals as the DEA has made them out to be. Siegel & Wright aren’t just making this stuff up either, but are basing their information on chemical analysts, and independent lab tests. Trusted vendors and manufacturers should be doing the same, as the common notion amongst law enforcement is all incense are illegal until proven else wise. When the burden of proof is on the manufacturer, you better believe that manufacturers and vendors are going to have to offer the kind of transparency that gives consumers the confidence that they can safely place an order.
     This isn’t the end of the herbal incense industry; however it does mark a change, and a distancing away from shoddily designed websites and mystery ingredients. Information is key here, and vendors should be happy to share it with you. If they’re not, consider it a warning sign and look elsewhere.  New vendors and manufacturers will rise from the ashes of their fallen brethren as sure as the suns shall rise tomorrow; it’s just a waiting game at this point. Stay patient and stay safe fans, and these dark days shall pass us by unscathed.