New Ordinance Sets Consequences for Possessing, Selling 'Fake Marijuana'

An ordinance that would illegalize "fake marijuana" could soon become part of the law in Port Washington.

The substance, synthetic cannabinoid, also goes by other names such as "K2," "spice," "blaze," "genie" and "new marijuana."

City Attorney Eric Eberhardt explained it as a plant substance with a "ten-fold, greater kick" to it than THC, the active ingredient in marijuana.

Currently, police cannot charge someone found with this substance in Port Washington, and Officer Kurt Knowski said this becomes a tough issue when members of the department have already come across the fake marijuana in the city.

In one such incident, a driver involved in a vehicle accident had been under the influence of fake marijuana; another time, a group of teenagers were found with a 26-gram bag of the substance.

All police could do was confiscate the drug.

This ordinance would give police the ability to give citations for anyone caught possessing, selling, attempting to sell, distributing or using the drug. The penalties separate into different levels — those charged with possession would get a lesser fine, between $100 and $500 and those charged with selling or distributing could be charged $500 to $1,000. The price on the penalties could be altered if aldermen see it as necessary before signing the ordinance into law.

The ordinance also includes a clause that, should the substance ever be determined to have a medicinal, prescribed use, people who have a legitimate prescription would not be subject to the penalties as described.

Knowski said an ordinance will provide officers with a tool when encountering this relatively unfamiliar substance.

Though this fake marijuana looks similar to the original drug, it does not smell like marijuana and creates different side effects in users.

Knowski spoke on behalf of Officer Jerry Nye, who has dealt with users of the drug but was unable to attend Tuesday night’s meeting because he was ill.

Nye said while users of the original marijuana are typically mellow and laid back, users of “fake” marijuana show more aggressive, belligerent behavior and are much harder to control than a normal marijuana user.

Eberhardt said its long-term affects on people can hardly be known because it has not been tested in humans; he did say the drug is known to affect the central nervous system, elevate blood pressure, cause pale skin and vomiting, it affects the cardio vascular system, causes potentially life-threatening hallucinations and, in some cases, causes seizures.

Aldermen were in strong support at Tuesday night’s Common Council meeting, thanking both Knowski and Port Police Chief Richard Thomas for their work on the issue.

"I want to thank you and the chief for all your hard work on this, because this is important — if this passes, I’d like to see this distributed to other municipalities," Alderman Dan Becker said.

Ordinances have been passed in Eau Claire, Waukesha and Cedarburg, Eberhardt said. The issue has yet to be tackled on a county or state level; Port officials discussed busy, larger governmental bodies as reasons for a lack of action.

Eberhardt said fake marijuana has been around for the past five years, being sold in incenses and other products. The substance can sell for about $30 to $40 for a 3-gram bag.

Tuesday night’s meeting was the first time this ordinance was brought before the council, and the group will have to take a vote at a later meeting before it becomes law.