An Open Letter:
As part of a nationally coordinated effort by the Drug Enforcement Agency, “Operation Log Jam” resulted in nationwide arrests of manufacturers, distributors and retailers of herbal incense products. We have reviewed sworn affidavits from the DEA suggesting that they believe most chemically treated herbal incense products contain analogues of previously banned synthetic cannabinoids such as JWH-018. We disagree.
Having consulted with chemical analysts, 3-D chemical modeling experts, forensic toxicologists, reviewed patent applications, and extensively researched the basis upon which chemicals may be categorized as illicit analogues, it would appear these conclusions are in error. The root of the problem is the lack of a concrete definition in the Federal Analogue Act of 1984 as to what would make two chemicals “substantially similar.” As unpopular as some products may be in the eyes of the public, law enforcement and legislators, we believe there has been a rush to judgement due to public and political pressure and despite changes to legislation, many incense products remain legal.
A lawyer’s opinion is just that – an opinion; until these matters are determined once and for all in Federal Courts, deference must be given to the DEA . The agency has made it abundantly clear their intention is to prosecute anyone involved in the sale, distribution and manufacture of what they perceive as illegal versions of these products.
Siegel Siegel & Wright cannot, in good faith, advise any clients that it is safe or legal to engage in the sale, manufacture or distribution of incense products which contain synthetic cannabinoids of any type until these matters are resolved in Federal Court and a final determination is made as to these products’ legality.
If you are a manufacturer, retailer or distributor of incense or incense related products, or have been charged criminally, we may be able to help. Attorneys nationwide have contacted us for assistance with cases in their jurisdiction as many firms simply do not have the necessary knowledge or understanding of the chemistry involved in these cases. If you believe you are being wrongly prosecuted as a result of what you believed were lawful incense sales, or have had your personal or business assets or property seized, contact us.