Legal bath salts are made of Epsom salt and are commonly used for soaking sore muscles. There is, however, another category of bath salts that are synthetic drugs that contain cathinones, typically methylenedioxypyrovalerone (MDPV) or another similar substance.
In some cases, synthetic drugs are substances that are sold in packages labeled as incense, spices, or potpourri and may be marked as not intended for human consumption. However, individuals still consume them for illicit purposes.
The manufacturers of a synthetic drug typically modify the chemistry of a controlled substance or illegal substance to create a drug that escapes identification as a controlled substance under existing drug laws. Or the substances may be labeled as “not for human consumption” in order to mask the intended purpose and avoid Food and Drug Administration (FDA) regulation of the manufacturing process.
There are two categories of synthetic drugs that are based on their chemical content, including:
- Cannabinoids: These are chemicals that mimic the effect of THC, the active ingredient in marijuana;
- They have names such as “K2” and “Spice;”
- Stimulants: These are synthetics that include bath salts;
- Most contain chemical compounds that mimic the effects of cocaine, LSD, or methamphetamine;
- They have names such as “Ecstasy” and “Molly.”
Bath salts, as illegal drugs, are synthetic amphetamines. These drugs are consumed so the user can experience the amphetamine-like effects that are caused by the release of dopamine, serotonin, and other chemicals in the brain.
Bath salts may be used by injecting, snorting, smoking, and, less commonly, by use of an atomizer. Bath salts are illegal under federal laws.
However, bath salts are sometimes sold at:
- Local smoke shops;
- Gas stations;
- Truck stops;
- Tattoo parlors.
They are sold in packages that are marked “not for human consumption.” The sellers will typically target users who are searching for synthetic replacements for marijuana, synthetic marijuana, methamphetamines, and other illicit drugs.
Bath salts may also be marketed in the same manner as other synthetic drugs such as Spice. They 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?
Individuals who ingest bath salts may experience intense intoxication with euphoria, extreme energy, hallucinations, insomnia, and easy provocation to anger.
Bath salts drug effects may also include a number of negative side effects, such as:
- Heart attacks and heart palpitations;
- Nausea;
- Vomiting;
- Seizures;
- Cold fingers;
- Hallucination,
- Anxiety;
- Paranoia;
- Other mental symptoms;
- Organ failure, including kidney and liver failure.
Reports indicate that many users of bath salts who have pre-existing mental illnesses may compound the dangers of the use of bath salts. In other words, the consumption of bath salts may contribute to the worsening of pre-existing mental illness.
Are Bath Salts Illegal in All States?
As noted above, under federal laws, the possession and sale of bath salts is illegal. In addition, bath salts are illegal in all states as well.
Why Are Bath Salts Included in the CSA?
There are certain components of bath salts, such as cannabimimetic agents, that include 15 synthetic cannabinoid compounds and others that have been added to Schedule I of the Federal Controlled Substances Act (CSA). Schedule I is the most restrictive category of controlled substances.
Schedule I substances and drugs are not used for medicinal purposes, and they have a high potential for dependency and abuse. Prescriptions cannot be written for Schedule I substances.
When determining what schedule a drug or substances should be categorized into or whether a substance should be rescheduled or decontrolled, there are certain factors that must be considered under the CSA, including:
- Its potential for abuse, as well as its history and pattern of being abused;
- The scope, duration, and significance of abuse;
- Its psychic or physiological dependence liability;
- Scientific evidence of its pharmacological effect;
- The current scientific knowledge about the substance;
- What, if any, risk there is to the public health; and
- Whether and how the substance is related to a substance already controlled by the CSA.
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What Are the Legal Penalties for Bath Salt Crimes?
Under federal law, the penalties for bath salt sale and possession are severe. Possession of bath salts may be punished by up to 20 years in federal prison.
If an individual sells the drugs to another individual who is later seriously injured or killed, that individual may be sentenced to 20 years to life in prison. State laws also prohibit the sale of bath salts, although the laws and penalties may vary.
In the State of Florida, actual or constructive possession of bath salts is a third-degree felony. If an individual is charged with possession of bath salts, it is a third-degree felony.
If an individual is convicted of possession of bath salts, they may face five years in prison and criminal fines of $5,000. In Florida, the penalties for the following conduct related to bath salts are the same:
- Selling;
- Manufacturing;
- Delivering; or
- Possessing with the intent to:
- Sell;
- Manufacture; or
- Deliver.
It is important to note that selling, delivering, or possessing with the intent to sell, manufacture, or deliver bath salts within 1,000 feet of a school, daycare, city park, or recreation center will be charged as a second-degree felony. The penalties for a conviction of a second-degree felony are more severe and include 15 years in prison and $10,000 in criminal fines.
The State of New York is another example of state laws governing bath salts. In the state, there are five schedules of controlled substances. Possession without a prescription of any controlled substance listed in Schedule 1 is illegal.
The least serious charge involving criminal possession of a controlled substance in New York is possession of a controlled substance in the seventh degree. This offense is categorized as a Class A misdemeanor in the state.
A Class A misdemeanor is punishable by up to one year in prison. This charge can be applied to any quantity of bath salts.
There are also more serious felony charges that may apply, depending on the weight of the substance. In the State of New York, possession of a controlled substance with the intent to sell is typically charged as a felony.
One felony that is commonly charged in New York is criminal possession of a controlled substance in the third degree, also called possession with the intent to sell. This crime is categorized as a Class B felony, meaning that it is as serious as selling a small quantity of a controlled substance.
The State of New York also allows prosecutors to pursue cases against retail establishments that sell the chemical precursors that are typically used to make bath salts. These establishments may be subject to civil fines and penalties.
Do I Need a Lawyer for Help With Bath Salt Charges?
If you have been charged with any criminal offense involving bath salts, it is essential to consult with a drug lawyer as soon as possible. These substances are dangerous and are subject to strict regulations under state laws and federal laws.
It is especially important to consult with a lawyer if you have been charged with a felony, such as possession with intent to sell, as a felony conviction may affect much more than your criminal record. A felony conviction may result in your losing the right to vote, own firearms, and obtain certain jobs.
Your attorney will be able to advise you of the laws on bath salts in your state as well as the possible punishments you may face. Your lawyer can also address any concerns or questions you may have.
If you have to attend any meetings or court hearings related to your charges, your attorney will provide representation during each one. Your attorney may also be able to try to negotiate with the prosecution to lower your charges from a felony to a misdemeanor, if possible.
