FORT SAM HOUSTON, Texas –
It's now a crime for members of the U.S. military to use the synthetic cannabis substance known as "Spice."
As of March 1, the Drug Enforcement Agency placed the five synthetic cannabinoids used in the manufacture of the so-called "fake pot" products into Schedule I of the Controlled Substances Act. Schedule I is the most restrictive and is typically reserved for "unsafe, highly abused substances with no medical usage."
This action by the DEA makes possessing and selling these chemicals or the products that contain them illegal in the United States. The DEA found this action was necessary to avoid an imminent hazard to the public safety.
As a result, the full weight of the laws governing Schedule I substances will be imposed on the manufacture, distribution, possession, importation, and exportation of these synthetic cannabinoids.
Schedule I substances are reserved for those substances with a high potential for abuse, no accepted medical use for treatment in the United States and a lack of accepted safety for use of the drug under medical supervision.
According to a final order in the Federal Register, the agency exercised its emergency scheduling authority to outlaw the chemicals (JWH-018, JWH-073, JWH-200, CP-47, 497, and cannabicyclohexanol) used to make so-called "fake pot" products for one year, with the possibility of a six-month extension.
All five branches of the U.S. military have already banned the substance. The armed forces have also added the chemicals to the list of substances they look for during random urinalysis tests.
The DEA and the U.S. Department of Health and Human Services will conduct further studies to whether these chemicals should be permanently controlled.
"Young people are being harmed when they smoke these dangerous 'fake pot' products and wrongly equate the products' 'legal' retail availability with being safe," said DEA Administrator Michele M. Leonhart in a news release.
"Parents and community leaders look to us to help them protect their kids, and we have not let them down," Ms. Leonhart added. "This action, while temporary, will reduce the number of young people being seen in hospital emergency rooms after using these synthetic chemicals to get high."
The herbal blends coated with synthetic chemicals are marketed under brands such as Spice, Red X Dawn and K2. They are usually sold as packets of incense or potpourri at convenience stores, herbal and spiritual shops and online.
Officials at the 502nd Air Base Wing Legal Office warn troops that smoking the chemical-soaked herbal blend is punishable under the Uniform Code of Military Justice as a wrongful use of "any intoxicating substance not intended for human ingestion."
"All servicemembers are restricted from buying, selling, using or possessing any form of this drug," said Capt. Will Babor, Chief, Military Justice. "Drug users seeking to get high are always looking for ways to get around the law. Now they can't. Spice is an illegal substance."
According to the DEA, some side effects of Spice use include agitation, anxiety, nausea, vomiting, racing heartbeat, elevated blood pressure, tremors, seizures, hallucinations, paranoia and non-responsiveness.
Cases of psychotic episodes, withdrawal and dependence associated with the drug have also been reported to the DEA and many public health departments and poison control centers.
Under the UCMJ, the maximum punishment for use or possession of Spice is a dishonorable discharge, forfeiture of all pay and allowances, and up to five years in military confinement.
"Servicemembers need to know that Spice, just like marijuana, is incompatible with military service," Capt. Babor added. "Smoking these drugs is leading to stripes being taken, pay being forfeited, and careers ending. Getting high is bad for servicemembers and worse for the mission."
Servicemembers who are court-martialed or are administratively discharged for Spice are also subject to losing most of their veteran's benefits, such as the Post 9/11 G.I. Bill, other educational benefits, VA home loans, and disability benefits.
Babor said reporting drug abuse is the responsible thing to do in order to prevent harm to those using drugs and everyone around them.
"Reporting on something like Spice usage is very important," Capt. Babor said. "If someone observes suspicious activity, they need to report it to the security police as soon as possible."
"Being a military member is a 24-hour job, and it is the duty of all members to be not only physically, but mentally fit to do their job at a moment's notice," the lawyer said.