Scott County makes arrest in fight against synthetic marijuana

SIKESTON -- For awhile now, law enforcement officials have been aware of the trend of rising synthetic marijuana use.

And last month, Scott County made its first arrest for a distributor of the substances, after learning synthetic marijuana -- marketed under product names that include "Spice," "K2," "Genie," "Yucatan Fire," "Sence," "Smoke," "Skunk" and "Zohai" -- was being sold at a Scott County business. It's packaged to look like incense.

"After receiving the tip, I went to talk to the business about the information I had," said Scott County Deputy Darrin Sides. "They were under the impression that since it wasn't K2, it wasn't illegal, even though it's a similar synthetic."

Sides noted that the illegal chemicals on the herb material used to make synthetic marijuana are a member of the cannabinoid family.

"There are about 30 total of those, but only a handful are on the list as illegal," Sides said, referring to the state statute passed last year. "But just because these other chemicals aren't illegal, they are analogs of the primary chemical, and can be used in a similar way to achieve a similar effect."

That, according to Sides, is what makes the substances illegal, even though those specific chemicals aren't included in the statute.

Scott County Prosecuting Attorney Paul Boyd agreed. "Even if the ingredients aren't listed as one of the illegal substances in the statutes, it will be considered to be an imitation controlled substance."

That can lead to a felony for those charged with distribution and a misdemeanor for possession.

Sides said that as the convenience store was cooperative and said they were under the impression the product was legal, no charges were filed. He said that is not setting a precedent, however, and that stores found selling the product in the future will likely face legal ramifications.

Following investigation, however, the distributor, Dallas R. Hinshaw of Sikeston, was charged on April 29 with delivery or manufacture of an imitation controlled substance.

Hinshaw was released after posting the $10,000 bond. Arraignment has been set for 10 a.m. June 2 in front of Judge Terry Lynn Brown.

"He has a business where he sells novelties and trinkets to different gas stations and convenience stores up and down the interstate," Sides said of Hinshaw. "I found receipts where he had ordered the different products from Louisiana and New Jersey, and one receipt had more than 900 units listed."

There have also been arrests of individuals for possession of the synthetic marijuana, as well as bath salts which also contain the chemical.

Sides said the crackdown on synthetic marijuana isn't only because it is illegal, but because it poses a big threat to those that consume the product.

"We're not going out and trying to just pick on this one thing -- it's really dangerous," he said. "People around the country are using this and a lot of younger kids are ending up in the hospital with heart attack-like symptoms."

Boyd agreed. "The bottom line is, this stuff does give a similar high to marijuana, if not worse. Sometimes the side effects are more negative than smoking the original substance."

He also said that while retailers may be provided with lab reports that show the product doesn't include the illegal chemicals, that could be a myth.

"No one knows if the substance sent to the lab has any scent on it at all," he said. "Because they (the manufacturers) say it's not for human consumption, there is no regulatory agency with control over it."

Sides also noted that the way the synthetic marijuana is named and packaged, it appears to be geared toward teens. Flavors include bubble gum and watermelon. This is even more troubling because there is no age restriction to buy these so-called incenses.

"Alcohol and tobacco are controlled by age," he said. "But here, we're really just relying on the ethics of people selling it not to sell to kids."

When it comes down to it, Sides said he recommends businesses stay away from these substances.

"It's easy to try to fall into, because they can sell for a very high price," he said. "But it is illegal. It is an imitation controlled substance, and under current laws, it can be prosecuted."

Boyd said parents should also be aware of what their children, especially teens, are up to and look out for the warning signs.

"If they are burning incense, going through large amounts of money or acting like they are high or intoxicated, there may be reason to worry," he said.

Pertinent address:

Sikeston, MO