Alpena passes emergency ordinance to ban sale of controversial 'incense'

In Alpena, city leaders there have already made a move by passing an ordinance that makes the "incense" illegal in their town.

That ordinance passed on all three readings with an emergency clause on Feb. 16.

The ordinance, an amendment to an existing business permit ordinance, bans the sale, trade or possession of substances contained in K2 within the corporate city limits of Alpena.

Violators face revocation of their business license and a fine of $200 for each sale and a fine of $500 for each package possessed.

K2, clearly labeled to say "not for human consumption," was sold at the Red X gas and convenience store prior to the ban.

It is reportedly made to be a potpourri or an incense to be burned like any other incense but some people are choosing to smoke it.

Alpena's long time mayor Bobbie Bailey said the city council decided to "move fast" to make K2 illegal because of its apparent danger.

"It was being sold at the Red X," she said. "We all knew how dangerous it was because of media reports, on TV and on the radio. When there is a danger to our citizens, we move quick."

She said the city's police chief Mark Bailey did extensive research, along with the city's attorney, James Goldie.

Information brought to the council table, along with a K2 sample Chief Bailey obtained, led them to believe that it was "bad," Mayor Bailey said, and they should enact a law to make it illegal in their city.

Bailey said she wrote the ordinance and had Attorney Goldie look it over.

"I've been doing this for years," said Bailey of her ordinance drafting ability. "I knew what had to be done.

"It passed with an emergency clause on Feb. 16 with a unanimous vote of the council, then Mark (Bailey) took it around."

Other bans proposed

Alpena's action has caught the attention of neighboring law enforcement agencies.

Investigator J.J. Reddick at the Carroll County Sheriff's Office said Chief Bailey told him about K2's popularity.

"He said, at the Red X, it was selling in mass qualities, almost a case at a time," Reddick recalled.

"I started researching and found there was a problem with it nationwide.

"I had a concerned parent come to me, saying it was legal, sold as incense, and their child said they got it at Tad's Quickstop in Eureka Springs.

"Other than Tad's and the Red X, I don't know of any place else in the county that sells it."

He said those stores have voluntarily limited sales to persons age 18 and older, although they are not required to because K2 is not regulated by any federal agency, such as the Bureau of Alcohol, Tobacco and Firearms (ATF).

Although K2 is not regulated, once the substance is ingested, it becomes an illegal substance, Reddick said, and the user can be charged with breathing or inhaling an intoxicating substance, which is a Class B misdemeanor.

Those who get high from the substance, he added, can be charged with public intoxication "if they show impairment while under the influence."

Berryville Police Chief Dave Muniz agreed. "Right now, it's not illegal to sell or possess it, but it is illegal to be under the influence."

He said there have no complaints or problems reported to his department, but it is something they will be looking into.

Muniz said the city of Greenwood is working with the Arkansas Municipal League to pass local ordinances to combat K-2's use while state leaders consider a statewide ban.

So far, Kansas has initiated a ban and Missouri is expected to follow.

In the meantime, Reddick said parents should be aware that K2 is out there. He said there is no drug test at this time to detect the substance.

That substance, he said, reportedly contains several natural herbs and synthetic chemicals called JWH-018 and JWH-073.

According to his research, those chemicals were created by Dr. John W. Huffman (JWH) in the 1990s at Clemson University when Huffman and his fellow researchers hoped to create synthetic cannabionoids that could be used for lab experiments.

That same research, he said, indicated those compounds were never tested for human consumption and were never intended for that use.

Reddick said in-depth research will be necessary to clear up the uncertainties surrounding its effects.

He said K2 is available in several varieties, such as Standard, Summit, Citron and Blonde, selling for as much as $30 for a three gram bag.

Not everyone is in agreement on a K2 ban. One story claims a Missouri teen was knocked unconscious for five hours after smoking it.

Others say it is harmless. A person familiar with sales of the substance said everyone he knows who has bought it seems to like it.

"There are no reported side effects other than headaches," he said, "and some people get those with cigarettes."

He said many K2 customers purchase it for medicinal reasons.

"They get the same benefits as they would from smoking marijuana," he said. "They say it helps them with their ailments, such as fibromyalgia. It alleviates their symptons. They say they also use it to lessen their stress.

"If medical marijuana were legal," he added, "if people could use the real deal, they wouldn't be buying this."