DEA Will Make It Illegal To Possess Or Sell Fake Pot – 18 U.S.C. 801 Et Al.

On November 24, 2010, the Drug Enforcement Agency stated that in 30 days, possession or sale of so-called "fake pot" will be illegal for at least one year while the federal government studies its effects.

Prior to the DEA’s announcement, fake pot, also known as "spice" or K2, was legal under federal law because it does not contain THC, the active ingredient in marijuana. However, it does contain chemicals analogous to THC and produces similar effects.

The DEA expressed concern that fake pot had not been federally approved for human consumption and there was no regulatory oversight regarding the manufacture of fake pot. Under the new law, fake pot would be considered a Schedule I drug, like Ecstasy and heroin.

Even though fake pot was not previously illegal under federal law, many cities had enacted ordinances criminalizing its use, possession, and sale.

The Controlled Substances Act of 1970 sets forth federal drug law. (18 U.S.C. section 801 et al.) Sale, possession, or transportation of a federally prohibited drug without a valid license or prescription is a federal crime. Punishment varies by the actual drug and the amount purchased, sold, possessed, or transported. Contact a federal drug crime attorney for further information.

If you have been accused of a federal drug crime, you must clearly express to law enforcement that you will not speak to them and you must contact a federal drug crime lawyer immediately. Prosecution under federal law indicates that the government believes that you are involved in interstate or international drug sale or transportation. Both are serious offenses. In addition, punishment under federal law is much harsher than under state law for a similar crime, and unlike California state law, federal inmates are not offered parole under any circumstances.

Thus, it is important that you do nothing to jeopardize your case, and speaking to law enforcement may result in more severe charges against you, added years to any potential sentence, or a conviction where a plea or not guilty verdict would have been more likely.

If you are facing federal drug charges, you will need a Southern California drug crime lawyer who will aggressively represent you and protect your interests. At Wallin & Klarich, we have helped people accused of federal drug crimes for over 40 years. Call us today at (888) 280-6839. We will be there when you call.