Enabling Effective Legislation through Technology

advertisement

Enabling Effective Legislation through Technology

High tech solutions needed to enforce laws for rapidly emerging threats

The problem of illegal narcotics continues to grow at an alarming rate, and the drugs routinely found by law enforcement are no longer limited to traditional drugs of abuse such as heroin, cocaine, methamphetamine and MDMA (ecstasy). Recent years have shown significant growth of drugs collectively known as synthetics – synthetic cathinones, also called “bath salts” or “plant food,” and synthetic cannabinoids, also known as synthetic marijuana, “Spice” or “K2.”

These drugs, often questionably legal and sold at convenience stores and smoke shops, are viewed by some users as safe alternatives, though the opposite is true – synthetics drugs can be even more dangerous, even deadly.

Growth and Evolution

The explosive growth of synthetic cathinones and cannabinoids has shown no signs of slowing. The spring and summer of 2014 alone saw numerous frightening examples of the impact of synthetic marijuana. In May, nearly 120 people in Texas overdosed in a five-day span. A teen in California died in

July after smoking synthetic marijuana. The next month, New Hampshire declared a state of emergency after more than 40 overdoses of a synthetic marijuana product were reported in less than a week.

As of midyear 2010, the National Forensic Laboratory Information System (NFLIS) was not reporting on any synthetic drugs. Contrast that to just three years later when there were more 17,000 synthetic cannabinoid reports during the first half of 2013 alone.

This growth is compounded by intentional, deceptive labeling designed to avoid sales restrictions and prosecution. As quickly as a jurisdiction makes a certain drug type or derivative illegal, modified substances make their way into the market to circumvent the new laws.

It is striking how quickly the illicit market is able to evolve to avoid prosecution. For example, NFLIS data show that the AM-2201 accounted for more than 30% of synthetic cannabinoid reports in the first half of

2012 but only 21% of cases in the next six months, dropping to 5% by June 2013. Alternately, XLR11 accounted for just 4% of cases in the first half of 2012, up to nearly 12% in the next six months, spiking to 65% by time it was federally scheduled in May 2013.

Leading Legislation

Several states are leading the way to strengthen legislation against synthetic drugs. Alabama, Michigan and others are exploring – or have already implemented – analogue laws. While they vary by state, the intent is to classify the broader class of drugs, rather than legislating one molecule at a time.

Colorado has taken a different approach, going after the business owners who sell synthetic drugs, seeking significant fines based on deceptive business practices; that is, selling products that are deceptively labeled and fail to disclose that they contain substances which are illegal and harmful. In

September 2014, the Colorado Attorney General announced that a retail store was being fined $100,000 based on this legislation, which is the nation’s largest-ever civil fine against a single store for selling Spice products.

Technology for an evolving threat

With drug targets evolving so rapidly, law enforcement agencies must keep pace by deploying the latest field- and laboratory-testing methods. Many are increasingly turning to Raman spectroscopy

– specifically the Thermo Scientific TruNarc analyzer – to help in the fight against synthetics and other illicit substances. Leveraging widely accepted Raman spectroscopy, the TruNarc analyzer identifies hundreds of drugs, precursors and cutting agents with a single scan, including synthetic cathinones and cannabinoids in both bulk form and in final sellable form once sprayed on leaf material.

Regular library updates to the closed loop library enable law enforcement to keep pace with the newest drugs as they gain traction in the market through safe, accurate, reliable identification.

For legislators, this field identification has additional benefits, reducing the time it takes to investigate and process drug-related crimes and reducing drug-case backlog.

Paving the way for the future

Perhaps most troubling about synthetic drugs is that they continue to reach younger, easily-influenced populations. Education – within communities and families – can help reduce abuse, but it is important that law enforcement is equipped with the legislative support and technology to quickly identify these drugs.

Lance Dyer, a Georgia native who lost his 14-year-old son due to the effects of synthetic marijuana, says,

“Education on the dangers of deadly synthetic drugs is sometimes not enough. We need to put drug detection directly into the hands of the folks who can do the most about it – police officers. The technology is out there, and we need to ensure that every sector of our society is taking advantage of it.”

Law enforcement and legislative personnel have a tremendous challenge ahead. Crafting impactful legislation is part of the challenge. Putting the right tools in the right hands is equally vital – providing law enforcement with the tools to properly enforce legislation to get these dangerous drugs off the street.

By Joseph Smith and Kerstin Barr

Thermo Scientific Portable Analytical Instruments, part of Thermo Fisher Scientific

For more information about Thermo Scientific TruNarc visit www.thermoscientific.com/trunarc

Sources:

National Forensic Laboratory Information System (NFLIS): www.nflis.deadiversion.usdoj.gov

Colorado Attorney General: www.coloradoattorneygeneral.gov

“Nation’s Largest Civil Fine Levied Against Retail Store for Selling Illegal “Spice” Products”

Colorado Legislation HB14-1037: Enforcing Laws Against Designer Drugs http://www.legispeak.com/bill/2014/hb14-1037

Download