The Federal Controlled Substance list, 21 U.S.C 812, includes a number of spice and bath salt related substances. Over the past couple years, the feds have really tried to clamp down and synthetic marijuana and other substances produced and sold typically at smoke shops. As the feds have and certain states have expanded their laws to criminalize many of these substances, chemists have been altering the drugs or creating entirely new ones trying to stay one step ahead of the law. This has created many problems for individuals engaged in the spice industry who have failed to stay compliant with the law. Currently, here is what the Federal Controlled Substance List, 21 USC 812, states:
- 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP–47,497);
- 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP–47,497 C8-homolog);
- 1-pentyl-3-(1-naphthoyl)indole (JWH–018 and AM678);
- 1-butyl-3-(1-naphthoyl)indole (JWH–073);
- 1-hexyl-3-(1-naphthoyl)indole (JWH–019);
- 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH–200);
- 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH–250);
- 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH–081);
- 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH–122);
- 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH–398);
- 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201);
- 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);
- 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR–19 and RCS–4);
- 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR–18 and RCS–8); and
- 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH–203). Schedule II
Additionally, the following other substances were just recently added under the temporary emergency scheduling:
- 3,4-methylenedioxy-N-methylcathinone (Other names: methylone)—7540;
- 5-(1,1-Dimethyloctyl)-2-[(1 R, 3 S )-3-hydroxycyclohexyl]-phenol, its optical, positional, and geometric isomers, salts and salts of isomers—7298 (Other names: cannabicyclohexanol and CP-47,497 C8 homologue);
- 1-Butyl-3-(1-naphthoyl)indole, its optical, positional, and geometric isomers, salts and salts of isomers—7173 (Other names: JWH-073);
- 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole, its optical, positional, and geometric isomers, salts and salts of isomers—7200 (Other names: JWH-200);
- 1-Pentyl-3-(1-naphthoyl)indole, its optical, positional, and geometric isomers, salts and salts of isomers—7118 (Other names: JWH-018 and AM678);
- 4-methyl-N-methylcathinone—1248 (Other names: mephedrone);
- 3,4-methylenedioxy-N-methylcathinone—7540 (Other names: methylone);
- 3,4-methylenedioxypyrovalerone—7535 (Other names: MDPV);
- (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone, its optical, positional, and geometric isomers, salts and salts of isomers—7144 (Other names: UR-144, 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole);
- [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone, its optical, positional, and geometric isomers, salts and salts of isomers—7011 (Other names: 5- fluoro-UR-144, 5-F-UR-144, XLR11, 1-(5-fluoro-pentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole);
- N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers—7048 (Other names: APINACA, AKB48)
It gets even trickier when you consider the fact that the statute includes generalized language meant to include any other substance that is analogous or homologous to those listed above. You might be selling or buying spice thinking its not illegal because its not listed on the schedule, however, if it is determined to be “similar” to anything listed, you could be facing federal charges.