Criminal Issues From Herbal Incense?
We can help.

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.

Siegel Siegel & Wright

Cutting Edge In Incense Testing and Compliance Law.

Siegel Siegel & Wright - Strategic Legal Counsel

Incense Testing

The legality of most herbal incense products has come into serious question. Despite recent, aggressive law enforcement activity including raids, seizures, and arrests, many manufacturers, retailers and distributors of herbal incense or alternative smoking blends remain entirely confused as to what is legal to sell and what is not. The mixture of science and law required to make informed decisions regarding the legality of these products is complex. Having a so-called "clean" lab report in your hand is not enough. Lab reports can be falsified, testing protocols omitted, and sometimes distributors or manufacturers will give incorrect and/or misleading information in order to liquidate a product to a retailer. Our firm has developed a strategy of testing and compliance designed to assist manufacturers and retailers at every level by offering the best information possible in consideration of recent changes to both Federal and State laws. Make no mistake - as a result of counterfeit products and misunderstandings of the law by many manufacturers, it is safe to presume that most law enforcement agents view all herbal incense products as illegal - even where packaging suggests it is chemical or additive free. If you are in the incense industry and you are concerned as to whether your product is legal, contact us for further information before it's too late...

Chemical Lab Reports

In the wake of "Operation Log Jam" it is imperative that testing of incense products be performed by a reputable lab using the proper testing methods to determine the presence of any illicit chemicals or analogues of banned chemicals. With the exception of all natural products which are chemical-additive free, most herbal incense should be presumed illegal at the moment. Our research has suggested that many lab reports are often inaccurate, make inappropriate legal conclusions, or are manipulated by omitting tests for certain chemicals such at that a retailer may unknowingly be in possession of or sell illegal products to their patrons. Don't be fooled by claims such as "50 State Legal" on the packaging - these claims are rarely or no longer accurate. Many counties nationwide have imposed bans on the sale of loose leaf incense, regardless of composition. Seals on packaging saying "DEA Certified" are false and misleading - the DEA doesn't certify products for sale. We utilize labs using the most accurate testing methods, the latest equipment , and generate complete reports. Based on your needs we will develop the most accurate test spectrum available for your particular product. Sometimes the results of tests are unpleasant, but providing our clients with information that allows them to remain in strict observance of the law is a priority.