Most people have heard of the Opioid Crisis but many are just beginning to gain knowledge of the Synthetic Drug Crisis. While synthetic drugs have been around for over a decade, their use has dramatically increased and has toxic effects on our nation’s young people. The CDC found that drug-overdose-related deaths surged by nearly 30% in 2020. Synthetic drugs are deceptively packaged, labeled, and sold through retail and online channels to unsuspecting people that are unaware they are harmful and can be lethal. In Arizona, it is a crime to unlawfully manufacture, traffic in, or possess any controlled substance, including a synthetic drug.

Synthetic Drugs: What are they?

Synthetic drugs are not grown or naturally made; they are manufactured chemical compounds or manually enhanced drugs. These drugs are made to imitate the hallucinogenic and simulated properties of illegal drugs. Synthetic drugs, however, are generally more potent and less predictable than their original counterparts. The side effects of these compounds can create severe paranoia, causing the users to harm themselves or others. They may also be fatal.

Types of Synthetic Drugs:

Depending on their chemical composition, synthetic drugs are commonly divided into two categories:

1. Cannabinoids. Synthetic Cannabinoids are chemicals sprayed onto herbs, pants, or incense that mimic the effect of THC, the primary psychoactive ingredient in marijuana. They are marketed as marijuana alternatives and sold under names such as Black Magic, Black Mamba, Diablo, Genie, K2, Kush, Mystic, and Spice, to name a few.
2. Stimulants. Most synthetic stimulants come in liquid, powders, or vapes that can be smoked, eaten, drank, or snorted and contain chemical compounds that imitate the effects of methamphetamines, cocaine, LSD, and MDMA. These drugs are marketed under such names as Arctic Blast, Bath Salts, Cloud Nine, FLAKKA, Lunar Wave, Red Dove, Stardust, Vanilla Sky, White Lightning, or Zoom et.al.

Primary Users of Synthetic Drugs

The Drug Enforcement Administration (DEA) has reported that primary users of these synthetic drugs are youth. Synthetic drugs are the second most frequently used illegal drug among high school seniors after marijuana. Synthetic drugs are often sold in convenience stores, gas stations, head shops, tobacco shops, or online.

Health Effects of Synthetic Drugs

Synthetic drugs can have adverse effects on health, as they have a high potential for addiction and abuse, and are potentially life-threatening.

For synthetic cannabinoids, the effects include severe agitation and anxiety, nausea, vomiting, racing heartbeat, elevated blood pressure, tremors and seizures, hallucinations, dilated pupils, and suicidal and other harmful thoughts and actions.

For synthetic stimulants, the effects include increased heart rate and blood pressure, chest pain, extreme paranoia, hallucinations, delusions, and violent behavior, which causes users to harm themselves or others.

How are Synthetic Drugs Classified?

The Controlled Substance Act regulates the production, sale, and use of all drugs in the United States. This Act divides drugs into different classifications or schedules based on the drug’s likelihood for abuse and medical use.

Existing laws prohibit the unauthorized use of certain specific controlled substances. However, illicit drug makers and traffickers get around the laws by altering a single chemical molecule of a controlled drug to create a new but significantly similar substance, which has not yet been banned. The result is the influx of hundreds of synthetic drugs with unknown compositions, so their health effects are largely unknown.

President Obama signed the Synthetic Drug Abuse Prevention Act of 2012 into law, which amends the Controlled Substance Act by classifying synthetic drugs as Schedule 1 controlled substances.

Arizona Synthetic Drug Classification

Synthetic Drugs are defined under Arizona Law Imitation Substances or Drug Offenses A.R.S. 13-3451 and include three categories as follows:

• Synthetic over-the-counter drugs § 13-3455:  Over-the-counter drugs are drugs that anyone can purchase without a prescription; for some, there might be age restrictions on buying them.
• Synthetic controlled substances § 13-3453: A controlled substance is a drug or chemical that government regulates, such as drugs that are often used illegally, such as heroin or cocaine, or prescription medications designated by law.
• Synthetic prescription-only drugs § 13-3454: Prescription-only drugs are synthetic forms of drugs that one can only purchase with a prescription from a licensed physician.

Arizona Synthetic Drug Crime Penalties

Even though they are not technically the same as the actual drugs they resemble, synthetic substances still have many of the same penalties in Arizona. A conviction will also appear as a controlled substance crime on the alleged offender’s criminal record, causing severe difficulties when they attempt to obtain employment, housing, or financial aid. A person convicted of this offense could also have their driver’s license suspended for up to two years, be ordered to complete a treatment program, and possibly lose their vehicle under state civil asset forfeiture laws.

Synthetic Drug Manufacture, Sale, or Distribution

Arizona laws prohibit the manufacturing or distribution of synthetic or imitation drugs under A.R.S. 13-3453; 13-3454; 13-3455; and 13-3459. Penalties include:

• Charge: Distributing, manufacturing, or possessing with the intent to sell any synthetic or imitation drug is a  Class 6 felony.
• Jail or prison term: up to one and a half years in prison (4.5 years maximum for repeat offenders)
• Fines: not to exceed $150,000.

Selling or administering synthetic or imitation drugs

to a minor carries a higher charge and penalties. Penalties include:

• Charge: Class 5 felony
• Jail or prison term: maximum sentence of 2 years (6-year max for repeat offenders)
• Fines: up to $150,000.

Synthetic Drug Possession in Arizona

In Arizona, it is illegal to use, possess, make, or traffick synthetic drugs. Arizona Laws  A.R.S. 13- 3456; 13- 3457, and  13-3458 prohibit the use or possession of imitation or synthetic controlled substances; prescription drugs; and over-the-counter drugs. Penalties include:

• Charge: Violations of these laws result in Class 2 Misdemeanor criminal charges.
• Jail or prison term: four months in jail
• Fines: up to $750.00 fines, fees, and costs.
• Additional sentence requirements: substance abuse education, counseling, and treatment