Traffic Safety Legal Update

1. Traffic Safety Legal Update Presented by: Kenneth SteckerApril 2012

2. Designer Drugs Bath Salts Spice/K2

3. Bath Salts

4. Dangers of Bath Salts • Abuse of recreational drugs sold as "bath salts" has sent 65 people to hospitals in Michigan over the past six months and caused at least one overdose death, according to a federal report issued May 18, 2011.

5. What are Bath Salts? Synthetic Stimulant, similar to ecstasy, cocaine and/or meth Derived from Cathinone “Not for human consumption” White, odorless, “pills”, fine-grained powder or crystals (oxidizes to yellow or tan)

6. Bath Salts a/k/a “K3”

7. MDPV= Active compound Marketed as “Bath Salts” Chemical analog of Cathinone (Sch 1 C.S.) Dose: 25mg – 500mg CNS stimulant (up to 3 days) Delusional Seizures Restless / Irritated Inflammation of heart Teeth Grinding

8. DAY 1 Banging head into wall Pulled out IV twice Hallucinating, thought security guard drank his beer HGN: 2 Pulse: 112 bpm Blood Pressure: 144/94 Body Temperature: 98.5 Pupils: 9 – 10 mm in all lighting conditions Muscle Tone: Rigid DAY 2 Combative 12 people to control, injures 1 security guard Lorazepam x 3, Haloperidol x1 to control Moved to ICU Combative again when woke up DAY 3 Resting pulse 120 Exhausted, no memory 1 Dose Bath Salts…

9. DESIRED Euphoria Empathy/decreased hostility Hallucinations Increased insight/self-discovery Increased energy Enhanced music appreciation WHAT REALLY HAPPENS Restless / irritated Delusional / paranoia Nose bleeds, headache Dilated pupils, blurred vision Blue/cold extremities Nausea/vomiting Seizures, teeth grinding Chest pain (inflamed heart) Excessive sweating Go to Jail  Effects

10. American Association Bath salts 2009: 0 2010: 303 March 2011: 1,241 October 2011: 5,625 compared with 1,511 for Heroin 9 Deaths reported in U.S. with more suspected (52+ in EU)

11. What about Michigan? • Effective August 1, Public Act 88, 2011 amends the Public Health Code to include all of the following in the list of Schedule 1 controlled substances: • -- Methylenedioxypyrovalerone, also known as Bath Salts, Cloud Nine, Hurricane Charlie, Ivory Wave, MDPV, Ocean, Red Dove, Scarface, Sonic, White Dove, and White Lightning. • -- 5,6-Methylenedioxy-2-aminoindane, also known as MDAI, and Woof-Woof. • -- Naphyrone (Naphthylpyrovalerone), also known as NRG-1 and Rave. • -- Pyrovalerone (1-(4-Methylphenyl)-2-(1-pyrrolidinyl)-1-pentanone).

12. Spice/K2

14. SPICE/K2 • Plant material • Marketed as incense • Laced with various synthetic compounds that behave like THC • Smoked or mixed in drink or food • Was sold LEGALLY and LOCALLY • 1g -3g packages About 2x price of marihuana

15. Spice/K2 Ingredients: Baybean, Blue Lotus, Lion's Tail, Lousewort, Indian Warrior, Dwarf Scullcap, Maconha Brava, Pink Lotus, Marshmallow, Red Clover, Rose, Siberian Motherwort, Canavalia Maritime, Leonotis Leonurus, Leonurus Sibiricus, Pedicularis Densiflora, Scuttellaria Nana, Vanilla Planifolia, Zorinia Latifolia, Magnolia Officinalis, Rosa Gallica, Trifolium

16. Brands/Flavors

18. Psychoactive CompoundsSolid (white powder) or Oil • HU-210 • Synthetic cannabinoid • 100-800x more potent than THC • Binds over 100 times more tightly to CB1 receptor • Structurally and pharmacologically similar to THC

19. Psychoactive CompoundsSolid (white powder) or Oil • CP-47,497 • Synthetic cannabinoid • Created by Pfizer 1995 • Not structurally related to THC JWH-073 • Synthetic cannabinoid • Not structurally related to THC

20. K2 Spice Law in Michigan • Effective, October 1, 2010, K2 Spice is classified as a Schedule 1 Controlled Substance under the Michigan Public Health Code

21. Worse than Pot?Calls to poison control in U.S. 2009: less than 15 calls 2010: 2,874 calls 10/31/11: 5,741 When you take these drugs, you are hijacking the part of the brain important for many functions. . . . – Dr. Huestis Chief of Chemistry and Drug Metabolism National Institute Drug Abuse

22. Drugged Driving

23. Alcohol Impaired Driver • Bloodshot, watery eyes • Slurred speech • Strong odor of intoxicants • Unable to pick the correct number between 12 and 14 • BAC of .08 or higher

24. Drug Impaired Driver May be unknown

25. Growing Problem • One in three (33%) of all drivers with known drug-test results who were killed in motor vehicle crashes in 2009 tested positive for drugs (illegal substances as well as medications). • “Drugged driving is a much bigger public health threat than most people realize.” Gil Kelikowske, Director of National Control Drug Policy.

26. 2007 National Roadside Survey • What about the other 86.2% • Prescription and Over-the-Counter • Stimulants • Sedatives • Anti-Depressants • Narcotics

27. Michigan Drugged Driving Issues Alcohol-related incidents Drug-related incidents

30. Cannabis-Related Crashes 05-10

31. Available Drugs Marihuana B.C. Bud Diverted pharmaceutical drugs K2/Spice Ketamine Ambien

32. Problem • Officer stops for OWI • No bad driving • Appears to be impaired • Performs SFST properly • .001 on the preliminary breath test • Decide to arrest or not?

33. Legal Issues • Reasonable Suspicion • To Stop • To Administer Field Sobriety Test • Proper Administration of the SFSTs • Substantial Compliance • Probable Cause for Arrest • Roadside Questioning/Miranda • Sufficiency of Evidence to Prove Elements of the Offense

36. Questions?

37. Ken Stecker Traffic Safety Resource Prosecutor Prosecuting Attorneys Association of Michigan 116 West Ottawa Lansing MI 48913 (517) 334-6060 x 827 SteckerK@Michigan.gov