Bath Salts Synthetic Drug Laws

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 What Are Bath Salts?

Bath salts are not for bathing at all. Rather they are a type of synthetic drug that contains cathinones, usually methylenedioxypyrovalerone (MDPV) or other similar substances. They are synthetic amphetamine. The drugs are generally consumed in order to experience their amphetamine-like effects, caused by the release of dopamine, serotonin, and other chemicals in the brain. The drug is ingested by snorting, injection, smoking and, less commonly, by use of an atomizer.

Although federal laws outlaw bath salts, the substances are sometimes still sold at local smoke shops, gas stations, truck stops and tattoo parlors in packages marked, “not for human consumption”. Sellers often target users who may be looking for synthetic replacements for marijuana, synthetic marijuana, methamphetamines, and other illicit drugs. They may also be marketed in the same way as other synthetic drugs such as Spice. Bath salts are sold under such product names as “Vanilla Sky”, “Ivory Wave”, “Ocean Burst” and “Bolivian Bath”.

What Are the Side Effects of Bath Salt Use?

The desired effect for those who ingest bath salts is an intense intoxication with euphoria, extreme energy, hallucinations, insomnia and easy provocation to anger. Others describe the effect as “excited delirium” and “strength without fatigue”.

Consumption of bath salts also leads to a number of highly negative side effects, including:

  • Heart attacks and heart palpitations;
  • Nausea, vomiting;
  • Seizures;
  • Cold fingers;
  • Hallucination,
  • Anxiety, paranoia, and other mental symptoms;
  • Organ failure, including kidney and liver failure.

In recent years, bath salts have received much attention in the media due to their association with violent attacks by users on other people and violent suicides. Also, reports indicate that many users of bath salts have also had pre-existing mental illnesses, which can compound the dangers of the use of bath salts. Bath salt consumption can contribute to worsening of pre-existing mental illness.

Bath salts were not illegal at one time, but drug laws have changed to reflect the recognition of their destructive effects in recent cases involving bath salt use.

What Are the Legal Penalties for Bath Salt Crimes?

Various components of bath sales, such as cannabimimetic agents, including 15 synthetic cannabinoid compounds and others, have been added to Schedule I of the federal Controlled Substances Act (CSA). These substances are all in the most restrictive category of controlled substances. So, the possession and sale of bath salts is illegal under federal law.

States also prohibit the possession and sale of bath salts, though not all states have outlawed possession yet. Generally speaking, the trend is moving more towards an outright ban of the substance due to its association with violent crimes and suicides

Florida is a state that has banned the possession and sale of bath salts. In Florida, the actual or constructive possession of bath salts is a third-degree felony. Conviction of possession of bath salts brings as many as five years in prison and a fine of $5,000. The penalties are the same for selling, manufacturing, delivering, or possessing with intent to sell, manufacture, or deliver bath salts.

The sale, delivery or possession with intent to sell, manufacture or deliver bath salts within 1,000 feet of a school, day care, city park, or recreation center is a second-degree felony. The penalties are far more severe, i.e., up to 15 years in prison and a $10,000 fine.

The federal penalties for bath sale possession or sale are even more severe. Possession can be punished by up to 20 years in federal prison. If a person sells the drugs to someone who is later seriously injured or killed, this person can be sentenced for up to 20 years to life in prison.

Under New York state law, there are five “schedules” of controlled substances and possession without a prescription of all of the controlled substances listed in Schedule1 is illegal. The least serious charge is criminal possession of a controlled substance in the seventh degree. This crime is a class A misdemeanor in New York. It is punished by up to one year in prison. This particular offense can be applied to any quantity of bath salts. More serious felony charges can also apply depending on the weight of the substance.

In New York, possession with intent to sell a controlled substance is usually charged as a felony. A commonly charged felony in New York is criminal possession of a controlled substance in the third degree, or possession with the intent to sell. This is a class B felony in New York, which means that possession with intent to sell is as serious as actually selling a small quantity of a controlled substance.

New York law also empowers prosecutors to pursue cases against retail establishments that sell the chemical precursors commonly used to make bath salts. These establishments would be subject to civil penalties and fines.

Various components of bath sales, such as cannabimimetic agents, including 15 synthetic cannabinoid compounds and others, have been added to Schedule I of the federal Controlled Substances Act (CSA). These substances are all in the most restrictive category of controlled substances. So, possession and sale of bath salts is illegal under federal law.

States also prohibit the possession and sale of bath salts, though not all states have outlawed possession yet. Generally speaking, the trend is moving more towards an outright ban of the substance due to its association with violent crimes and suicides.

Florida is a state that has banned the possession and sale of bath salts. In Florida, the actual or constructive possession of bath salts is a third-degree felony. Conviction of possession of bath salts brings as many as five years in prison and a fine of $5,000. The penalties are the same for selling, manufacturing, delivering, or possessing with intent to sell, manufacture, or deliver bath salts.

The sale, delivery or possession with intent to sell, manufacture or deliver bath salts within 1,000 feet of a school, day care, city park, or recreation center is a second-degree felony. The penalties are far more severe, i.e., up to 15 years in prison and a $10,000 fine.

The federal penalties for bath sale possession or sale are even more severe. Possession can be punished by up to 20 years in federal prison. If a person sells the drugs to someone who is later seriously injured or killed, this person can be sentenced for up to 20 years to life in prison.

Under New York state law, there are five “schedules” of controlled substances and possession without a prescription of all of the controlled substances listed in Schedule1 is illegal. The lowest possible offense is criminal possession of a controlled substance in the seventh degree. This crime is a class A misdemeanor in New York. It is punished by up to one year in prison. This particular offense can be applied to any quantity of bath salts. More serious felony charges can also apply depending on the weight of the substance.

In New York, possession with intent to sell a controlled substance is usually charged as a felony. A commonly charged felony in New York is criminal possession of a controlled substance in the third degree, or possession with the intent to sell. This is a class B felony in New York, which means that it is as serious as selling a small quantity of a controlled substance.

New York law empowers prosecutors to pursue cases against retail establishments that sell the chemical precursors commonly used to make bath salts. These establishments would be subject to civil penalties and fines.

Possession of bath salts will generally result in misdemeanor charges. This will usually lead to a criminal fine of up to $1,000 and a maximum of one year in jail. Manufacturing, selling, or distributing bath salts will generally result in a more serious felony charge. The penalties are more serious, higher fines and a longer term of imprisonment. Repeat offenders may also face more still serious charges and harsher penalties.

Do I Need a Lawyer for Help with Bath Salt Charges?

Bath salts are a dangerous substance and are subject to strict regulation under both federal and state law. You need to consult a drug lawyer if you have been charged with possession, possession with intent to sell or the sale of bath salts.

Your lawyer can advise you of the law in your state and the possible punishment you face. Your lawyer can respond to any questions or concerns you have. If you need to attend any court sessions, your lawyer can also provide representation during hearings and at trial, if that should become necessary.

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