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Ely, Counselor at Law
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Is it legal to sell Aloha in Maryland

Resolved Question:

Is it legal to sell Aloha in Maryland

Submitted: 12 months ago.
Category: Legal
Expert:  Ely replied 12 months ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

As of 1st March 2011, the US Drugs Enforcement Agency has used its emergency scheduling powers to add five synthetic cannabinoids to the Schedule I controlled substances list for a period of 12 months. The five compounds are: JWH-018, JWH-073, JWH-200, CP-47,497 and cannabicyclohexanol. As these compounds are now Schedule I controlled substances, other cannabinoids of similar structure may also be deemed controlled substances under conditions where the Federal Analog Act is contravened. This means that JWH, its analogs, and similar compounds are now - effectively - illegal.

So federally, it is no longer legal to sell them. However, the federal government has been slow in pursuing violations of this decision.

Michigan has also banned synthetic cannabinoids since 2010.

So no, it is not legal, I am afraid, either on a state or federal level.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Customer: replied 12 months ago.

I asked for Maryland not Michigan.

Expert:  Ely replied 12 months ago.

Apologies.

Maryland currently does not have a ban against JWH. However, the federal government has banned it, so it is deemed illegal in MD as well because the federal government applies to all US jurisdictions.

Again, enforcement has been slow, but there have been arrests.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Customer: replied 12 months ago.

Thanks. Do you know if Md is considering legislation to ban it also? Does Md even need to if there is existing federal laws banning it?


 


Also, the packages are sold as incense and marked not for consumption. Is that enough to continue to sell them in Md. until a law is passed or that doesn't apply if the feds have already identified these products as contraband? Thanks for your help.

Expert:  Ely replied 12 months ago.

Hello,

Yes, it is. All states are, and about half now have it. It is only a matter of time until MD adopts it, especially after the death of a male a few months back due to a cannabinoid substance.

MD does not necessarily need it since there is a federal ban, but because the federal government is slow on enforcement and prefers to stick to other (real) crimes, MD (like other states) may soon have its own ban, so they can use state resources to enforce it.

Also, the packages are sold as incense and marked not for consumption. Is that enough to continue to sell them in Md. until a law is passed or that doesn't apply if the feds have already identified these products as contraband? Thanks for your help.

All JWH and variants are sold like this. But, it depends on whatever law they pass - be it that it is illegal to have, or illegal to ingest. Frankly, it will likely be both. If you are looking to invest into a quick sale business for a years, you may be a few years too late, I am afraid. Spice was legal around 2008 to 2011 and the boom was then; it is too late now as most states are clamping down.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Customer: replied 12 months ago.

Thanks for this info it is very helpful. You said previoulsy that arrests were being made, were those at the federal level or state? Also, if you owned a business in Md. would you sell this product until Md passes a law or would you not sell, since federal laws are in place.

Expert:  Ely replied 12 months ago.

Again, it is my pleasure.

You said previoulsy that arrests were being made, were those at the federal level or state?

Mostly state, but some federal too. The response has been mixed, but anticipate it to get bigger as the states clamp down.

Also, if you owned a business in Md. would you sell this product until Md passes a law or would you not sell, since federal laws are in place.

I would not sell it at all - it is effectively illegal now. I am afraid it is too late. Like I said, the boom ended about 2011 once the authorities began to crack down on the cannabinoid. It is simply not worth the risk. I am sorry.

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Ely, Counselor at Law
Category: Legal
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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