K2 up in smoke; city bans sales, use

Synthetic marijuana will likely be illegal by the end of today in both New Haven and Fort Wayne. Both the Fort Wayne and New Haven city councils Tuesday approved each city’s ban on the sale and possession of the substance, which is sold as incense under various brand names such as K2 or Spice.

Mayor Tom Henry said while the law isn’t perfect, he plans to sign it as soon as it gets to his desk, which likely will be sometime today. New Haven Mayor Terry McDonald signed his city’s ordinance Tuesday night, allowing the ordinance to take effect immediately.

The Fort Wayne council voted unanimously on the proposal after a last-second amendment to limit the ban to people younger than 21 failed on a 7-2 vote. Council members Karen Goldner, D-2nd, and Tim Pape, D-5th, supported keeping the substance legal for adults.

The ordinance gives city police the ability to levy fines up to $2,500 for possession of the substance, which users have said gives a marijuana-type high. The council unanimously supported a tweak to the bill allowing for lower fines, based on circumstances.

Councilman Glynn Hines, D-6th, said he decided against keeping the product legal for adults because it’s a mind-altering drug that is dangerous. He noted many of the residents who spoke in favor of keeping it legal wanted to do so only to keep getting high, and they intimated they weren’t setting the best example for others.

“Some of these people that came to the microphone were proof-positive why it should be illegal,” Hines said.

The substance was legal – and remains so outside Fort Wayne and New Haven. Allen County Commissioner Nelson Peters said he would like to create a countywide ban to make it even more difficult for people to acquire the substance.

New Haven’s law similarly restricts the sale, possession or bartering of the substance, and people or stores caught with the product will face up to a $2,500 fine. That will give the city’s municipal judge wide discretion in differentiating between stores, repeat offenders and teens, council attorney Stephen Harants said.

Police Chief Mike Sweet said he would prefer the council wait and see what type of law the county proposes to ensure consistent enforcement countywide. He also said it will take time to develop protocols for his officers to handle K2 investigations because no field test exists.

Although laboratory testing is available to test whether someone ingested the substance, the state police post that typically handles lab testing doesn’t provide it, Sweet said.

“The community has high expectations,” Sweet said. “We may not be able to meet that high expectation immediately.”

Still, Sweet said he supported the council’s decision to move forward with a local ban.

McDonald agreed it would be easier to enforce a countywide ban, but without knowing how long before the county is ready, he wanted the city to move forward.

Peters said it could be several weeks before the county’s draft could be discussed by the three commissioners.

Henry said he would be willing to discuss a countywide proposal with Peters, but he said this issue is more appropriately handled at the state or federal level. Several state legislators have said they will introduce bans next year.

Henry said the local bill isn’t perfect but is important to keep the substance out of the hands of children. Goldner said she voted for the final bill because it was better than doing nothing.

Fort Wayne Police Chief Rusty York said enforcement of the city’s new law will begin immediately after it takes effect. He said no special education will be given to businesses that might sell the product, but information will be given to news media to ensure people are aware of the ban.

The Fort Wayne ban lists several chemicals used to give people a high when smoking the incense. York said it’s possible to test for those substances, but most of the enforcement of the ban will happen at the point of sale of the product.

The Fort Wayne bill includes a provision that would make the ban expire July 1, 2011. The provision would give the council time to see how effective the ban is and give the state legislature time to act.