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Shapiro eyes ban on K2, similar products

Published: Wednesday, August 4, 2010 7:00 PM CDT
Local bans of the controversial herbal product “K2” may be rendered obsolete if a bill prohibiting the substance is passed by the Texas legislature next year.


Texas Sen. Florence Shaprio, who has spearheaded state efforts against the product, plans to submit the bill during the next session in January 2011.

The bill, which is still in development, would make Texas at least the eighth state in the United States to ban to product, which is sold as incense but said to mimic the effects of marijuana when smoked.

“Obviously the sale and manufacture are the major issues here, and the possession would be similar to what we do with marijuana,” Shapiro said. “But we haven’t looked at the penalties yet. We really are starting from square one with the issue and using other states and their success to craft this bill.”

Shapiro’s district, which covers much of Collin County, is home to some of the earliest efforts against K2 in the state. Allen, McKinney, Plano and Frisco were among the first cities in Texas to ban K2 and related products.

Shapiro said K2 first came to her attention when she received a call from McKinney council member Geralyn Kever about the drug’s prevalence shortly before the city adopted a local ordinance banning the substance.

After the call, Shapiro’s staff began studying the drug, finding bans in seven other states and in the U.S. military of K2 and similar products.

“I had gotten some calls, but I don’t think I realized the significance that it had,” Shapiro said. “Many communities were starting to feel the effects of young people smoking this.”

Shapiro said the product’s easy availability, and reports of the drug’s adverse affects including at least one death, make a ban on such products imperative.

“We are now hearing from all over the state are the repercussions of this drug.”

K2-like products are believed to produce their effects thanks to a synthetic compound that mimics the psychological effects of tetrahydrocannabinol, the most active chemical component in marijuana. The most commonly known of these compounds, JWH-018, is believed to be several times stronger than normal cannabis.

None of the compounds found in such products are currently regulated by state or federal drug laws.

Shapiro said she wants to include any chemicals that may contribute to the products’ effects to ensure any and all products related to K2 will be banned.

“We have been working with scientists and the DPS to find out what each of those individual chemical compounds are,” Shapiro said.

State Rep. Jerry Madden, who has been working on the bill with Shapiro and State Rep. Ken Paxton, said an early outline of the bill is being presented to various outside sources for suggestions.

“There are some very knowledgeable people that are out there in law enforcement and other areas,” Madden said. “We’d certainly want to get their ideas and recommendations.”

A bill prohibiting salvia, a legal hallucinogen that many Collin County cities have placed in their crosshairs, has been in committee since March 2009. An earlier version of the bill, submitted in 2007, died in committee. Shapiro said there are no plans to include salvia in the K2 ban.

While Shapiro said she supports local bans of K2, more needs to be done to control the problem.

“I happen to have a philosophy that government should be limited, and I think that this is one of those areas, when you get into public health, that individuals can’t do for themselves,” Shapiro said. “We as elected officials have a responsibility for the public health and public safety. That’s a fundamental function of government.”

Madden said other Texas House members, including Rep. Larry Taylor, have already shown interest in the bill.

“It’s a problem in our area, but it’s also a problem throughout the state of Texas,” Madden said. “We should be able to get it done fairly quickly in the session.”

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