Is Herbal Incense Legal?

Is herbal incense (or herbal smoke) legal? First, a little history: herbal incense appeared first in Europe in 2004 when Spice Gold, then later K2 was introduced. The products were advertised as legal alternatives to cannabis, and users found that the Spice experience when smoked was very similar to smoking marijuana; Spice was legal, would not show on a drug test, and sales took off.

US and Canada sales of herbal incense products exploded in 2009. The products were so popular they often sold for more money than pot and could be found everywhere, in head shops, convenience stores and gas stations nationwide. However, some few users who were not used to marijuana experienced panic attacks using Spice, prompting authorities in Europe to analyze the products for active ingredients. JWH-018, a synthetic cannabinoid synthesized by John Huffman at Clemson University in 1995, and CP 47,497, another synthetic cannabinoid created by Pfizer were found. Some labs also reported finding HU-210, which finding was later discounted. No cases of lasting injury from Spice have ever been documented. The cases of anxiety reported passed within a few hours. It was later found that anxiety was directly related to JWH-018 and was dose related. Despite the reputation for causing anxiety in some users, JWH-018 was the most common cannabinoid used in blends sold in the US, followed by JWH-073. JWH-018 and JWH-073 were often blended together for a better experience. CP 47.497 is rarely used due to its long duration of action.

Due to the reported incidents of anxiety, JWH-018 was banned in Austria in 2008, followed by Germany in early 2009, prompting manufacturers to substitute JWH-073 for JWH-018. France, Italy and the United Kingdom followed shortly. At that time JWH-018 was still legal in the US and Canada.

JWH-018 and related synthetic cannabinoids remain legal in the US under Federal law. However, the following states have banned the possession of JWH-018: Alabama, Arkansas, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Lousiana, Michigan, Mississippi, Missouri, North Dakota, Oregon and Tennessee. As manufacturers of herbal incense changed the active ingredients to cannabinoids not banned, several states have banned specific other synthetic cannabinoids.

JWH-73 is also banned in all the states that have regulated JWH-018 except Georgia (only JWH-018 is banned in Georgia, the other synthetics are legal except HU-210 and CP-47,497.)

JWH-081 is banned in Idaho and Oregon. JWH-250 is banned in Idaho, Michigan, Missippi and Oregon.

CP-47,497 is banned in the same states as JWH-018 but remains legal in Alabama, Arkansas and Tennesee. HU-210 is also banned in the same states as JWH-018 but is still legal in Arkansas.

At present synthetic cannabinoids are not regulated in Canada.

As you can see, the legal status of synthetic cannabinoids in the US is confusing. Most states that have banned various research chemicals have done so by name, allowing manufacturers of herbal incense to substitute a legal chemical for one that is banned. Only Oregon has enacted an analog law, similar to what the UK did, banning all synthetic cannabinoids.

The fact remains that herbal incense is still legal in most of the US and used by hundreds of thousands with very few reported side effects. No one has died or suffered permanent injury from smoking herbal incense. Users appreciate the fact that they can alter their consciousness in a way remarkably similar to marijuana with a legal substance that is easily obtained.