Synthetic and Designer Drugs

Synthetic and designer drugs have become increasingly popular in recent years, raising questions about their legality and regulation. While substances like Delta-8 THC, fentanyl analogs, and kratom are widely available in some states, Washington State has specific laws governing their use, sale, and possession. In this article, we break down the legal status of these substances and what Washington residents need to know.

What Are Synthetic and Designer Drugs?

Synthetic drugs are man-made chemical substances designed to mimic the effects of natural drugs. Designer drugs are a subset of synthetic drugs that have been chemically altered to evade existing drug laws. These substances often pose significant health risks due to their unpredictable effects and lack of regulation.

Delta-8 THC is a cannabinoid derived from hemp that has psychoactive effects similar to Delta-9 THC, the primary intoxicating compound in marijuana. While federally legal under the 2018 Farm Bill, Washington State explicitly banned Delta-8 THC in 2021 due to concerns about safety and lack of regulation. The Washington State Liquor and Cannabis Board (WSLCB) ruled that synthetic or chemically converted cannabinoids are illegal in the state, making the sale and production of Delta-8 products unlawful. Possession could also lead to legal consequences, depending on the circumstances.

Fentanyl Analogs: Strictly Illegal in Washington State

Fentanyl analogs are chemically similar to fentanyl but can be significantly more potent and dangerous. In Washington State, all fentanyl-related substances are classified as Schedule I controlled substances, meaning they have no accepted medical use and carry severe criminal penalties for possession, distribution, and manufacturing. The state has implemented aggressive measures to combat fentanyl-related overdoses, including enhanced penalties for trafficking and increased access to opioid reversal drugs like naloxone.

Kratom, a plant-based substance with stimulant and opioid-like effects, remains legal in Washington State. However, its sale and use are under scrutiny. While the state has not banned kratom, the Washington State Board of Health has expressed concerns over its safety, and some local jurisdictions may impose restrictions. Consumers should be aware of potential FDA warnings and the risk of contamination in unregulated kratom products.

Other Synthetic Drugs: A Case-by-Case Basis in Washington State

Washington State has strict laws regarding synthetic drugs, including synthetic cannabinoids (“Spice” or “K2”) and synthetic cathinones (“bath salts”). These substances are generally classified as controlled substances, making their possession, sale, or manufacture illegal. However, because designer drugs are constantly evolving, lawmakers frequently update regulations to include new substances under existing drug laws.

What Happens If You’re Caught with a Synthetic Drug in Washington State?

Penalties for possession or distribution of synthetic drugs in Washington State vary based on the substance and the amount. Potential consequences include:

  • Misdemeanor or felony charges (depending on the drug and quantity)
  • Fines and jail time
  • Probation or mandatory drug treatment programs

If you are facing charges related to synthetic or designer drugs, it is crucial to seek legal counsel immediately to understand your rights and potential defenses.

Stay Informed, Stay Safe in Washington State

Synthetic and designer drugs exist in a legal gray area, with laws frequently changing to address new substances. While kratom remains legal with some restrictions, Delta-8 THC and fentanyl analogs are explicitly banned in Washington State. If you have questions about drug laws or are facing criminal charges related to synthetic substances, consulting an experienced attorney can help navigate the legal complexities. For legal assistance or more information, contact the Law Office of Erin Bradley McAleer today at (360) 334-6277.