Starting October 17th, Spice & K2 Enforceable in Ohio

Ohio House Bill 64 (H.B. 64) became law. October 17, 2011, is the effective date of the new code sections impacted by H.B. 64. Once this law takes effect, Spice, also known as K2, will become a Schedule I controlled substance and the possession of or trafficking in Spice will be a violation of Ohio Revised Code.

In addition, if Spice is used in the offense of “corrupting another with drugs” under O.R.C. 2925.02 the penalty will be the same as if marijuana was used in the offense (F-4, or if in a school zone F-3). The chemical compounds related to K2 or Spice are listed under the Schedule I substances in O.R.C. 3719.41(C)(35) – (39).

In addition to criminalizing K2/Spice and conduct related to it, H.B. 64 added the six synthetic derivatives of cathinone that have been found in bath salts to the Schedule I controlled substances as a hallucinogen under O.R.C. 3719.41(C)(40) – (45).

H.B. 64 also added a definition of a "controlled substance analog," O.R.C. 3719.01(HH)(1) and treats controlled substance analogs the same as Schedule I controlled substances, O.R.C. 3719.013. Keep in mind this bill does not take effect until October 17, 2011, but at that time K2 Spice and bath salts will be controlled substances under law.