Synthetic marijuana ban passes House, Senate in different forms

DES MOINES – State lawmakers are at odds over how tough to come down on synthetic forms of marijuana in Iowa.

The Iowa Senate voted 50-0 to add synthetic cannabinoids that are marketed under street names like K2 or Spice to the list of illegal controlled substances. Violation of the provisions against making, selling or possessing the banned drug would be punishable an aggravated misdemeanor with the offense rising to a Class D felony when larger amounts were involved.

Sen. Tom Hancock, D-Epworth, floor manager of Senate File 462, said the synthetic substance has become a popular legal alternative to marijuana because it produces a similar “high.” He said many states have outlawed the product and the legislation that won Senate support Tuesday by a 50-0 margin “takes a stab at taking away some of that demand.”

“This bill really is speaking well to the youth of the state and providing enforcement penalties that would send a clear message that there's no room in Iowa for drug dealers,” said Sen. Matt McCoy, D-Des Moines.

Sen. Kent Sorenson, R-Indianola - a community rocked last year when a resident, David Rozga, 18, smoked the then-legal K2 substance before taking his life after experiencing hallucinations and anxiety - applauded the Senate action but expressed concern that the bill did not go as far as the House version.

“The family's really disappointed,” Sorenson said during floor debate. “They're very frustrated that we're passing a weaker bill, but they're still encouraged that we're keeping the bill alive.”

Representatives recently approved House File 186, which adds three substances to the list of hallucinogenic substances that are classified as Schedule I controlled substances - salvia divinorum, salvinorin A and a synthetic substance commonly referred to as “K2.” The House established a tougher penalty by making violations a Class C felony carrying a prison term of up to 10 years.

Rep. Clel Baudler, R-Greenfield, a retired Iowa State Patrol trooper who was a strong proponent of the House approach, said he did not think the House would accept the Senate version and anticipated the issue could end up in a House-Senate conference committee. “It's not over until we leave town,” he said.

Last year the Iowa Board of Pharmacy adopted administrative rules to temporarily classify K2 as an imitation controlled substance, which bans the sale of the product. That move came in response to news stories about Rozga, who shot himself after using K2. However, that emergency ban is slated to expire unless the Legislature takes action.