NASHVILLE, Tenn. – A battle has been won in a Nashville courtroom for the manufacturers of synthetic drugs.
On Monday, a local market owner won a four month delay after questions arose over the chemistry of a product sold at a Lebanon market. Something police called synthetic marijuana, but a defense attorney said was just potpourri.
When an undercover Metro Police officer bought what he believed to be an illegal synthetic drug at this market on Lebanon Pike he probably never thought he'd run into a legal battle.
Defense Attorney Fletcher Long got a four month delay in the prosecution of the market owner while the Tennessee Bureau of Investigation tested for illegal chemicals in the product that was labeled potpourri.
Police said it was synthetic marijuana. Long said when the TBI tests the potpourri they won't find anything illegal.
"These officers don't have any back ground in chemistry. How do they know? And even a showing of probable cause still requires the entrance of proof," said Long.
It's another example of what seems to be the never ending battle to remove synthetic drugs from markets in Tennessee. Police have seized bath salts, plant food, incense and potpourri from stores all over the state. Abusers smoke, snort or ingest synthetic drugs and many have become sick or even died.
Last year state lawmakers made five chemicals found in the products illegal.
"Since that time we've found another 22 compounds that they've made in just a year's time," said State Representative Ryan Williams.
State Representative Ryan Williams is a sponsor of legislation that bans the 22 new compounds plus other similar chemicals.
Authorities admit it may not be enough to stop the sale of all of these synthetic drugs. Market owners may pay a steep price if they continue to sell synthetic drugs.
Another bill likely to pass lets police call the store a public nuisance and they can padlock the establishment for 60 days. Lawmakers believe it's a threat that will make most markets pull the product from their shelves.
The bill defining the chemicals of a synthetic drug is waiting for Governor Bill Haslam's signature.
The padlock bill has passed the House. It is also expected to pass the Senate either today or sometime this week.
