US Senator Rand Paul blocks synthetic marijuana legislation

March 30, 2012



Senator of Kentucky is the lone holdout preventing a vote on  legislation in the US Senate through a procedural block that is allowed under the rules. Until Paul lifts his block, the Senate will not be able to act on legislation that has already passed the US House of Representatives last December. Wikinews has investigated the block on the legislation.

Synthetic marijuana can be sold over the counter in some places and it is commonly known by brand names, such as "K2" or "Spice". Other types of synthetic "designer" drugs, like "", belong to a class of substances that are in some cases legal, though they create a health hazard, because they are declared not meant for human consumption.

At issue in the legislation is the amount of chemical substances banned, the criminalization of substances, the authority of the federal versus the state government to makes those decisions, the extent to which the product is a threat or hazard to public health and safety, and the effect such a law would have on the research of these substances. All of these issues were debated in the House. Paul has made an issue of the long prison sentences for marijuana. His critics claim he is going too far by blocking legislation. Paul, a who has libertarian leanings, has argued that the states should have the authority to ban drugs.

According to the, 31 states have a ban on both synthetic and  while 39 states have a ban on synthetic cannabinoids. Rand's home state of Kentucky bans both. But legislation is not a perfect solution; in Cass County, Michigan, four teenagers between the ages of 13 and 14 had an emergency after using synthetic marijuana, but even though Michigan bans both, police are not sure that the substances are illegal. Chemists have to conduct tests on the products.

Although Paul is framing the issue as a legal one, the medical community has turned its attention to this new phenomenon's impact on public health and safety. In an article that appeared in the March 2012 issue of Pediatriacs, medical researchers led by Dr. Joanna Cohen analyzed the cases of three teens who were hospitalized and treated as emergencies after an incident of synthetic marijuana use. One 16-year-old girl lost her motor skills and was unresponsive yet she had an exceptionally high heart rate and abnormal blood pressure. An 18-year-old boy was extremely sweaty, had a high heart rate and was agitated. And a 16-year-old boy had a speech dysfunction, as well as symptoms of agitation and confusion. The doctors who wrote the study say people are using this product because they believe it can give them a high similar to marijuana, however, the new drug can bring on both psychological symptoms, like psychosis and paranoia, and physical ones, such as convulsions.

One out of every nine high school students has reported use of synthetic marijuana, according to released in December 2011. The annual survey can be used to spot new trends in substance use among youth and the report included synthetic marijuana for the first time in 2011.

Poison centers noticed a sharp increase in calls reporting incidents due to synthetic marijuana. According to the, in 2010 centers nationwide took 2,906 calls for synthetic marijuana cases, but by 2011, they took 6,959 calls. The problem is noticeable to local health officials, like in, New York, which is Senator Chuck Schumer's state, where 120 cases were reported and one health professional called it "a significant public health concern." New York has a ban on substituted cathinones but not synthetic canabanoids, according to the National Conference of State Legislatures.

Although the US placed five substances that fall under synthetic marijuana into  on March 1, 2011, its emergency powers only last one and a half years and its ban has not stopped other substances from being used instead. Schedule I is a running list of banned chemicals.

Three of Paul’s Senate senior colleagues say Paul should drop his block. Senators, Chuck Schumer, and Amy Klobuchar are sponsoring bipartisan legislation that aims to ban synthetic marijuana as a serious health threat. The legislation is bipartisan as Grassley is a Republican, while both Schumer and Klobuchar are Democrats. Senator Schumer, in an editorial for the, advocated tackling synthetic marijuana at the national level rather than at the state. Schumer’s argument is that states have tried to ban the ingredients commonly found these products but the manufacturers have the flexibility to alter the ingredients to bypass the law. Schumer said the federal government needs a proactive rather than a reactive stance against drugs. "All we need is one senator, Rand Paul of Kentucky, to release his block on this legislation," wrote Schumer. "We’re urging him to do the right thing, and let us move forward with a vote."

Before the Senate took up the issue, similar legislation had already passed in the House. The House voted 317–98 in favor of the Synthetic Drug Control Act of 2011 on December 8, 2011. Pennsylvania Congressperson sponsored the legislation that would add ingredients found in synthetic marijuana to Schedule I. Dent’s legislation included chemicals that are not even found in the United States at this time, but he argues that synthetic marijuana is too great of a public health threat to dismiss.

Standing in opposition to the legislation, Virginia Congressperson and several fellow Democrats argued Dent's legislation was bypassing a process for the banning of drugs that was already in place and established. Scott also argued some of the substances banned by the legislation were not even present in the United States but so far only in Europe. His colleagues argued researchers would lose the ability to conduct research freely on these substances and, as Scott noted, the legislation was seeking to ban substances but without any research to back it up.

Grassley's legislation is named for David Rozga, an Iowan who committed suicide after using synthetic marijuana. In his speech, before the Senate, Grassley said Rozga's situation inspired him to put forward the legislation.

For some families, the issue has also become an emotional one, as they have lost a loved one. Karen Dobner, a mother from, Illinois, is blaming Senator Paul for any deaths that may still occur because he is holding up a legislative solution to a problem that she says killed her own son. When her son Max was in college, he tried a synthetic marijuana product and had a panic attack. Dobner believes the car crash that killed her son would not have happened had he not been experiencing the symptoms of the designer drug. Now Dobner keeps calling Paul's office begging him to stop his hold.

Senator Paul's office was contacted by both phone and email about this report but it did not respond.