Will the drug "Spice" be made illegal in Norfolk, Virginia?

A new synthetic drug, Spice, has been making its rounds in Norfolk, Va. and across the nation.  The street drug is being touted at a safe alternative to marijuana.  However, Poison Control officials have reported multiple emergency room visits caused by the drug.

Recently, Norfolk's Convenience Store Task Force has been making the rounds, inspecting smoke shops and convenience stores alike.  The Task Force has found the drug in multiple gas-station markets and tobacco shops during their inspections and a few owners have been charged with crimes that range from misdemeanor counts of fire code violations to a misdemeanor count of selling drug paraphernalia.   

As criminal law attorneys we have to wonder if these "inspections" overreach their legal limits.  Though Spice is not yet illegal, it seems that police and the Task Force have been targeting, some might say harassing, stores that have been known to carry the "herbal incense".  Is this legal?  Can any charges stemming from such searches hold up in court?

Only time will tell.  However, we know that too often police use any excuse to search or stop anyone they choose, often resulting in exaggerated charges or charges not related to the initial search.

If you have been charged with a crime and believe that you have been wrongly accused or that the police did not follow due process please contact an experienced attorney at Tavss Fletcher today for your free consultation.