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New law pulls marijuana-like substance off shelves

An herbal incense that when smoked mimics the effects of marijuana was being pulled off shelves across Illinois this weekend — the result of a new statewide ban.

The substance, known as K2, or “spice,” is laced with a synthetic compound chemically similar to THC, the psychoactive ingredient in cannabis. Although it's marketed as incense, authorities said, users can get high by smoking it or making it into tea.

“It's mainly a youth drug,” said Steve Loan, director of the DuPage Metropolitan Enforcement Group, a narcotics task force.

K2, which resembles potpourri and is often sold in silver plastic bags, has been widely available online and in smoke shops since at least 2009.

But last year Illinois lawmakers enacted a ban, which took effect Saturday, outlawing possession, sales and distribution. The U.S. Drug Enforcement Administrator also enacted a yearlong ban on five chemicals found in the most common formulas.

The known physical and psychological effects of K2 are similar to those of marijuana — increased heart rate and blood pressure, paranoia and euphoria. But increasing reports to poison centers and hospitals indicate it can be much more potent, authorities said.

“Studies have shown it's a dangerous drug,” DuPage County State's Attorney Robert Berlin said. “And like any drug bought on the black market, you don't know what you're getting, you don't know where it came from, and you don't know what's in it.”

But the effort to criminalize K2 also underscores a challenge lawmakers face in today's ever-changing world of synthetic drugs.

As was the case with BZP, sold as a legal alternative to the club drug ecstasy until it too was outlawed last year, some law enforcement officials predict it will be only a matter of time before K2 resurfaces in a new form.

“They may get rid of K2,” Loan said, “but someone's just going to tweak the formula a bit, and then that will be legal.”

In fact, it may have already happened.

On Saturday, one website still was advertising “new” K2 products “not covered by any bans.” The site claims more than 95 million grams of incense sold since 2009 and offers free products to buyers who spend more than $130.

“Anyone who intends to misuse our products and use K2 herb as a recreational drug or medicinal drug will be denied purchasing privileges,” it warns.

State Sen. John Millner, a Carol Stream Republican and a retired Elmhurst police chief who formerly served as president of the Illinois Association of Chiefs of Police, said the law enforcement community is particularly concerned about how K2 affects drivers and how it appeals to teenagers.

“Just because it's legal doesn't mean it's OK and safe, and that message is really hard to get out,” he said. “Many times, kids think it's OK because it's legal.”

Sellers who offered K2 before the ban were reluctant to talk about the product's popularity.

The manager of one Naperville tobacco shop, who did not want to be identified, said he carried K2 to stay competitive but had no problem complying with the ban.

A sales clerk at a cigar store not far away, who identified herself only as Julie, said K2 was purchased often by teenagers of legal smoking age but made up only a small portion of the business. She said the store was aware of the ban and prepared to take the product off its shelves.

“It's not going to affect our business at all,” she said.

Violators of the ban can face felony drug charges punishable by probation or up to three years in prison.

Berlin said his office has received reports of use of the product by some DuPage high school students. Whether the substance loses steam among teens now that it's illegal remains to be seen.

Ray Adkins, Naperville police commander of youth and community services, said that while his office has received no reports involving K2 and area youths, the city's police force was prepared for the ban and any resulting cases.

“As with all drugs and mind-altering substances, yes, we're concerned. But no more concerned than any other drug or mind-altering substance,” he said.