Arizona laws | Synthetic Marijuana (Fake Pot)

Phoenix Criminal Attorney | Arizona Criminal Defense
If you have been arrested for use, possession, or sale of synthetic Marijuana (fake pot) in Arizona you should consult an experienced Arizona Criminal Defense Attorney or Arizona Drug defense Attorney as soon as possible. Synthetic Marijuana charges are considered very serious charges which carry fierce penalties in Arizona. The Federal Government has also brought down a strong arm to synthetic Marijuana
Arizona Laws that apply can be found in Arizona Drug Laws A.R.S. Title 13 – DRUG OFFENSES 13-3401 and Chapter 34.1 IMITATION SUBSTANCE OR DRUG OFFENSES to 13-3461.
On November 24, the United States Drug Enforcement Administration (DEA) put a temporary ban on using, possessing, or selling any of five main chemicals used to make synthetic Marijuana (fake pot). This move has been made by the DEA as a move to study whether or not to permanently control or ban these substances chemicals and substances further, if efforts to “avoid imminent public health crisis while the formal rule-making procedures described in the CSA are being conducted.”

Arizona, like most other states will follow the lead of the Federal Law.

The banned chemicals include:
• JWH-018,
• JWH-073,
• JWH-200,
• CP-47,497,
• cannabicyclohexanol.

Smokable herbal blends which have, in the past been advertised as being “legal” in the past, which is not the case. Complaints reported indicate that these substances mimic the effects of smoking actual marijuana and its’ active ingredient THC. Such plant materials coated with these chemicals and substances have not been approved by the Food and Drug Administration (FDA) as being safe for human consumption, and are not legal. Further, there is no legal governing oversight n the manufacturing process, sales, or distribution. Brands marketed as “incense” intended to hide their real use of fake pot or synthetic marijuana include but are not limited to the popular labels such as:

• Spice,
• K2,
• Blaze,
• “Red X Dawn”.

A “Notice of Intent to Temporarily Control” by the DEA was published in the Federal Register on November 24, 2010, to make the public aware of their action. Within 30 days, DEA will then publish a “Final Rule to Temporarily Control these chemicals for at least 12 months with the possibility of a six-month extension in the Federal Register. They will be designated as Schedule I substances. Schedule I substances are the most restrictive category. This category is designated for unsafe, highly abused substances with no medical usage.

Charges of possession, use, sale, manufacturing or distribution of synthetic Marijuana in Arizona, are not the type of criminal charges you want to go at alone through the Arizona Criminal Justice System. You will need to consult an experienced Phoenix criminal
Attorney or Drug defense Attorney in Arizona to defend these charges. A good Arizona Criminal Defense lawyer or Phoenix Drug Charges Defense Attorney have a clear understanding of the law, your constitutional rights, and what defenses can be used on your behalf based on your circumstances. Early retention of an experienced Phoenix criminal defense attorney will increase your chances of getting your charges dismissed, reduced or the otherwise best outcome in your case.


If you have been charges in Arizona use, possession, sale, or distribution of synthetic Marijuana, or any other Arizona criminal charge, Drug Charge or DUI contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Phoenix, Chandler, Scottsdale, Mesa, Gilbert and Tempe Arizona.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

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