Referencing our earlier alert (last week) on the federal ban of K2/Spice and related synthetic cannabinoids that was supposed to have gone into effect December 24, 2010, the expected publication of the actual ban has not yet appeared in the Federal Register.  

Our interpretation of the proposed rule making published in the Federal Register November 24, 2010 was that the ban would go into effect in 30 days (December 24, 2010).  We are not certain why the final notice of the ban was not published.

We will keep you advised on when the proper notification is filed. (For the time being, there is no authority for the seizure of these substances. 

Max Little, TSRP at the PA District Attorneys Assocation reminds us, "However, a driver determined to be impaired by synthetic cannabinoids may be prosecuted under 3802(d)(2) and/or 3802(d)(3) if alcohol is also present."

Best for the new year!