bath salts

A 30-something woman walked out of the 420 Emporium at 400 Ellicott St., Batavia, this morning and told a police officer standing near the door, "Well, I picked the wrong day to come here."

Minutes before, at precisely 11:30 a.m., law enforcement officers from multiple agencies and led by an agent from the federal Drug Enforcement Administration swooped into the head shop and executed a search warrant aimed at finding evidence of illegal synthetic drug sales.

Two people believed to be employees of the 420 Emporium were taken into custody and four boxes of product marked "DEA Evidence" were removed from the store.

The raid was an apparent coordinated effort by DEA agents throughout the United States to go after the distributors of "bath salts" and other synthetic drugs.  News reports from around the country so far report bath salt-related raids in Boston, Albuquerque, Tampa, Texas and Utica.

The 420 shops in Brockport and Fulton were also raided as was the home of Charles Fitzgerald and Amber Snover at 21 West Hills Estate, Greece (mailbox, inset photo, courtesy Sean Carroll, WHAM13).

A warehouse in Tonawanda was also raided and WIVB reports it was allegedly a major distribution point for synthetic drug-trafficking throughout Western New York. Fawzi Al-Arashi was arrested at his Amherst home in connection with that raid.

The names of the two people taken into custody in Batavia this morning have not been released, nor do we know yet what federal charges they might face. They were transported to Rochester federal court for arraignment.

Authorities at the scene of the raid were not able to confirm what substances, if any, were found. We can only report that investigators -- which included agents of the Local Drug Enforcement Task Force and the State Police -- were inside the shop for two hours. DEA agents entered with flat, folded boxes and left with boxes seemingly packed to the brim of items retrieved from inside the store.

One male believed to be an employee of the store was inside at the time of the raid. A second woman showed up about 12:45 p.m. and spoke briefly with a trooper outside the shop, giggling nervously and saying she came by "to see if I still had a job."

Less than two minutes after she entered the shop she was sitting in a chair with her hands cuffed behind her back.

The same woman had been in the shop and behind the counter seemingly waiting on a customer when a reporter from The Batavian entered the store on July 17.

While Batavia PD were on scene, numerous members of the community drove by the location on Ellicott Street and honked, gave thumbs up and yelled "good job" at police officers.

"It’s very nice to see the community is supporting the efforts that we are doing here today," said Chief of Police Shawn Heubusch.

Heubusch said the DEA enforcement effort was indeed a welcome one for the community.

"This is a big relief for the City of Batavia as a whole," Heubusch said. "The residents in this community have been plagued by a problem with bath salts. To see this effort, to see that the federal government has noticed this, it is a very big relief to the residents of the city and the police department."

Asked if it felt like it took awhile for DEA to act at a time when current laws kind of tie the hands of local law enforcement, or if the DEA action seemed swift, Heubusch said, "The old saying ‘good things come to those who wait’ applies here. As with any criminal action, you need to get all of your ducks in a row and make sure you’re on good legal solid ground. I think they acted swiftly in this case."

The actual investigation into 420 Emporium appears to have taken about two-and-a-half months, according to an affidavit filed in federal court in support of a DEA request for a search warrant.

The affidavit states that a confidential informant helped supply information about the operation of the 420 shops, the practices of its owner, identified as Charles Darwin Fitzgerald, and supplied possible evidence to agents.

According to the affidavit, Fitzgerald was previously involved with the Look A Hookah shop in Rochester and that the informant has witnessed Fitzgerald provide synthetic drugs to people to sample and test so he could determine the effect on the people and the effectiveness of the product.

Fitzgerald is reportedly romantically involved with Amber Snover and they have at least one child together and both reside at 21 West Hills Estate in Greece.

Fitzgerald is identified as the sole owner of the 420 locations in Brockport, Fulton, Rochester, Henrietta and Batavia.

The affidavit focuses on two types of "Amped" allegedly sold at the 420 stores. 
There is an older product that is a white powder and a newer product that is an off-white powder. Both products are allegedly distributed by a company out of Tempe, Ariz., called Dynamic Distribution.

DEA agents intercepted two shipments headed to Rochester. Allegedly, one was specifically addressed to "Amber" at 21 West Hills Estate. (The phone number associated with the shipment is one digit off, with a an "8" where a "3" should be for the number The Batavian used to request an interview with Amber Snover earlier this week.)

The second box allegedly listed the same recipient as the first box and notes the second box required a COD payment of $23,500.

The first box weighed 22.9 pounds and was allegedly shipped from John Freeman, 3360 Annapolis Lane North, Suite A, Plymouth, Minn. 

The DEA requested and received a search warrant in order to seize the packages.

Inside, agents allegedly found 2,000 grams of "Amped Exuberance Powder," 500 grams of "White Water Exuberance Powder" and 495 grams of "Snowman Glass Cleaner."

A lab test allegedly found the Amped contained alpha-PVP, benzocaine and caffeine, and those same substances were allegedly found in the other products as well.

Alpha-PVP is apparently an analog (something like -- and under the Federal Analog Act like enough to -- a controlled substance that it's illegal to sell) of MPDV, which was made a federally controlled substance July 9 and has been a controlled substance in New York for nearly a year.

Over the past two-and-half months, according to the affidavit, agents have made a series of undercover buys at all five 420 locations.

During the undercover operation, agents noticed each of the 420 locations had security cameras that the DEA believes allowed a person at a remote location to monitor activities at the stores.

Undercover buys of Amped were allegedly made in Brockport and Batavia on July 2 and July 3.

At other 420 locations, clerks are alleged to have detailed conversations with undercover agents about the use of specific synthetic drugs, including Amped.

Bottom photo, 21 West Hill Estate in Greece, the residence of Charles Fitzgerald and Amber Snover. Photo courtesy Sean Carroll, WHAM13.

The 420 Emporium on Ellicott Street in the City of Batavia was just raided by the local Drug Enforcement Task Force, agents of the federal Drug Enforcement Administration, the Batavia Police Department, and State Troopers.

UPDATE 11:56 a.m.: This is one of a handful of raids being conducted in Central and Western New York at locations suspected of selling bath salts. Howard, who is on scene, says that when this went down neighbors came out and cheered the officers on, and one person shouted "We've waited a long time for this!"

UPDATE 12:03 p.m.: A few minutes ago, City Councilwoman Rosemary Christian drove by and yelled "Fantastic!"

UPDATE 12:07 p.m.: Any charges resulting from this raid will be federal.

UPDATE 12:57 p.m.: An employee showed up to work at the store and was immediately arrested.

UPDATE 1:21 p.m.: All units are clear from this location.

In an apparent attempt to intimidate news reporters from covering the activities of her stores, the woman who has identified herself online as the owner of at least four outlets of The 420 Emporium contacted law enforcement on Monday and accused The Batavian's publisher of harassing her.

A police officer with the Greece PD contacted Howard Owens at 9:18 p.m., Monday, and ordered him to not have further contact with Amber Snover.

Snover was the subject of a story on The Batavian on Monday identifying her as the self-proclaimed owner of 420 shops in Brockport, Fulton, Henrietta and Syracuse.  It's unclear if she also owns the Batavia store at 400 Ellicott St.

When contacted via phone on Monday, Snover denied ownership of all five locations and Owens followed up with a text message question and an exchanged ensured in which she accused Owens of harassing her even though it was his first contact with her.

Owens, who had identified himself clearly on the initial call, informed Snover further via text that he was a reporter with legitimate questions.

When Owens told the Greece PD officer the same thing, the officer told Owens he had no right to contact Snover, that she was "alarmed and annoyed" by the contact and that if he contacted her again "we will issue a warrant for your arrest."

The Public Information Officer for the Greece PD, Capt. Steve Chatterton, said today the contact by the officer was a typical courtesy call placed by a police officer at the behest of an individual who wanted to request no further contact.

Chatterton said no police report was taken and no charges are pending. He said if Owens felt obliged as a journalist to seek an interview in the future with Snover, an arrest warrant would not be automatic. He said the circumstances of the case would be reviewed with the Monroe County District Attorney's Office before deciding how to proceed.

In early 2011, a 17-year-old boy entered a head shop in Salina, Kan., and purchased a package of chemically laced potpourri.

The teen went home, smoked what he apparently believed was synthetic marijuana and suffered a seizure. He was taken to a local hospital where he slipped into a coma.

While the boy survived the experience, the case and related events illustrate a few points about synthetic drugs.

• The chemists who make them are always trying to stay one step ahead of controlled substance bans.
• The chemists who make them demonstrate little concern about the safety of the products they produce.
• Even when a substance used in the manufacture of a synthetic drug isn't specifically banned at either a state or federal level, there are laws on the books to help authorities go after the producers and sellers of these compounds.

The 42-year-old shop owner, Eric Srack (in photos above), was eventually arrested. He was convicted in September 2011 of selling a substance that was an analog to (mimics the effects of) a controlled substance. Later, he entered a guilty plea to a related felony charge for possession with intent to sell an analog to a controlled substance.

According to The Hutchinson News, Srack was suspected in February of 2011 of manufacturing blends of potpourri known as "Bubble Gum Fun" and "Midnight Moon."

According to the story, Srack bragged on his Web site:

I am the only man alive with my recipe. Although all of my blends are lightly fragranced, they remain 99 percent all natural and completely herbal.

When authories raided warehouses belonging to Srack, they reportedly found substances containing the chemicals JWH-122 and JWH-210. Authorities charged that the substances were analogs to JWH-018 and JWH-073, which were already banned in Kansas.

The substances JWH-018 and JWH-073 were used in the manufacture of Spice and K2, the most commonly recognized names for synthetic marijuana.

It appears that Srack created his own potpourri with the intention of skirting both federal and Kansas controlled substances laws.

Srack's amateur cannabinoids modification demonstrates how easily somebody with a limited background in chemistry can get into the synthetic drug trade, and how few safety precautions clandestine chemists take before releasing a new substance to consumers.

In the past year, Genesee County has seen a couple of waves of synthetic drug use, first with synthetic cannabinoids and more recently with chemical compounds known as bath salts.

The spike in bath salt use over the past several weeks has led to reports of seizures, extreme body temperatures, odd and even dangerous behavior and people with numerous paranoid delusions.

Eventually, the bath salt craze will fade, but the more than 50-year history of synthetic drugs, often called designer drugs, shows that when one so-called "legal high" is banned, users will seek out a new fix and, increasingly, there are underground chemists willing to try and supply it to them.

The invention and manufacture of synthetic compounds that have mind-altering effects goes back to the early part of the 20th Century. But wasn't until 1979 that authorities first encountered a dangerous drug that didn't show up in urine and blood samples and was designed to mimic a substance that was already illegal to sell and manufacture.

The drug was China White, a synthetic form of heroin created by an anonymous chemist in California.

China White was a knockoff of fentanyl, a powerful painkiller used in clinical settings, usually as an anesthetic in major surgery.

The new drug was 20 to 40 times more powerful than heroin and a druggist with $500 in chemicals could produce product worth $2 million on the street, according to a 1985 article by Jack Scafer in Science magazine. (Read the end of the article for an interesting discussion of the connection between another "new" heroin product and how it helped scientists find a possible connection between environmental pollution and Parkinson's Disease.)

Dozens and dozens of people died as a result using China White in the years immediately after its introduction.

After China White came PCP, GHB, Ecstasy, Special K and Nexus, among others, before the introduction around 2005 of Spice, K2 and the first form of "bath salts."

The ever-changing non-organic drug market is likely continue to befuddle law enforcement and health professionals until the cops and prosecutors catch up with the 21st Century, according to Bruce Talbot. He retired from the Woodridge, Illinois PD after a 26-year career and is a drug-recognition expert who has studied synthetic drugs extensively since the 1980s.

"Our current drug laws are based on the Harrison Narcotics Act of 1914 when our drugs were based on plants," Talbot said. "It was meant to regulate opium, heroin and cocaine. But that's the 20th Century. Our laws need to catch up with the 21st Century."

In response to the rise of previously unknown drugs that mimic already banned substances, in 1985 Congress passed the Federal Analog Act, which made it a crime to sell and distribute compounds and substances intended to produce the same effect as drugs already declared illegal.

The act requires a two-prong test for prosecution:

• That the substance has components and effects similar to a Schedule I or Schedule II controlled substance;
• And, that the producer intended it to have an intoxicating effect.

That's why products that are sold as "bath salts," "incense," potpourri," "spice" and "plant food" contain the warning, "not for human consumption."

Invariably, that's the only notice on the colorfully decorated packages with fanciful names indicating that the contents might be harmful if consumed.

The warning seems to exist purely as a legal fiction designed -- producers hope -- to protect manufacturers and sellers from possible criminal consequences.

The naming and marketing of the packages often seem intended to attract buyers other than those looking to make their water smell sweet or attract ladybugs to their gardens.

Sample products available online: Mind Candy (sold as a "plant food"), Pink Panther (sold as a "research chemical" out of the UK), Day Lights (which carries the warning "Keep out of Reach of Children. Not for Sale to Minors. Do Not Consume.") and White Water Rapid (which says not for human consumption, but also carries the warning "Enjoy with caution.") (Also check the packaging pictures in this story copied from a Web site that claims to sell legal highs at wholesale prices.)

At the recent anti-bath salts rally outside 420 Emporium on Ellicott Street, one of the protesters found a discarded package of "Party Rocks," a "tie dye" substance, according to the package.

One online site that advertises possible designer drugs describes "Party Rocks" this way:

If you loved the laid back 70's or maybe you are just a New Age Hippie at heart, then you will love these great Tie Dye Capsules. Unlike the ones you find at the local super store, these capsules dont have a bad chemical smell and won't leave your house looking like a dye factory. The pleasant orange aroma and easy to follow instructions will have you ready for a 70's style party in no time. Each pack contains two capsules and is just enough to make even the lamest things look cool. This item is not to be consumed and should only be used on fabric.  

An online discussion forum for apparent drug users gives users a chance to review such substances. It contained this comment:

One such product are Party Rocks Tie Dye Concentrate. Two capsules, filled with reddish pink/white powder (to the brim) that you dissolve in water and squirt on a t-shirt, then let dry for 12 hours. Well I wore my shirt right away, and It was amazing...

The next comment, though, is more direct about how the substance may be used.

Hey bud, would you mind being a just a smidge more clear about what these do? It almost sounds like this stuff is psychedelic. Or is it just another in the long line of stims?

There are legitimate "bath salts" you can buy either online or in many types of retail shops, of course -- the kind of product you dump into warm water before relaxing in the soothing soft liquid as it washes over your body after a long, hard day; but, the products sold up to now as "bath salts" carry no marketing message that would indicate they would be aromatic.

Clearly, the thinly veiled marketing of these products sold by head shops or online herbal stores as a plant food or iPod cleaner suggests they are not really intended for either of those purposes.

Glenn Duncan, executive director of the Hunterdon Drug Awareness Program in Flemington, N.J., has studied synthetic drugs extensively and maintains one of the most informative Web pages available on the constantly changing analog landscape.

At some point, prosecutors, Duncan agrees, will need to work with law enforcement to find creative ways to arrest producers and sellers of these products when existing laws prove inadequate, or until legislation better fits today's illicit drug market.

"Quite obviously, these things are sold for human consumption," Duncan said.

The current scheme of waiting for new drugs to hit the market and then outlawing the substances once they've proven harmful is not working, Duncan said.

For example, MDPV emerged in bath salts in 2005. The first MDPV-related seizure was reported in 2006. It's only been a Schedule I controlled substance in New York for less than a year, and federally since July 9. By the time it was banned, most "bath salt" products being sold no longer contained MDPV.

To become a controlled substance, a chemical compound must first get listed on an emergency schedule and tested by the FDA. Not every substance that goes through this process is later banned as a controlled substance.

The process is slow, cumbersome and doesn't always yield results that keeps dangerous drugs off the streets.

"Chemists will always be five years ahead of the federal government," Duncan said.

The bill that banned MDPV with President Barack Obama's signature on July 9 also banned mephedrone, and Duncan is frustrated that the legislation sponsored by Sen. Charles Schumer didn't go far enough.

An earlier version of the bill also would have banned naphyrone, but somewhere along the line for reasons that Duncan said are not entirely clear, naphyrone was dropped from the bill.

Even so, there are a total of 83 substances, as far as Duncan knows, that are used in bath salt and bath salt-like products.

"In his press release Sen. Schumer said this put 'the final nail in the coffin for legal bath salts,' " Duncan said. "It was the most ridiculous statement I ever saw. I was angered by it. If he looked at my Web site, he would see 83 substances listed. He put two nails in a coffin that needs 83 nails."

For example, there are now products appearing in retail outlets containing pentedrone, which hasn't been scheduled yet, but is already sending people to emergency rooms.

Kansas is apparently doing its best to keep abreast of new synthetic cannabinoids, and a law enforcement official in Salina said it appears that fake pot is a bigger problem in the state than bath salts. This week, authorities in Kansas issued an emergency ban on UR-144, which has been marketed under several brand names, including "Halo Zombie Matter."

MORE after the jump (click on headline to read more):

Given the difficulty of keeping up with clandestine chemists, Talbot thinks federal and local law enforcement officials need to get more aggressive about using the analog laws to apprehend and prosecute the people who distribute and sell synthetic drugs, even though it's not as easy as arresting somebody on a cocaine or heroin charge.

"Does it take a little more work to build a case?" Talbot said. "Absolutely. But we are killing people on this. We have kids who are doing it. We've documented many cases where weeks and weeks after they stopped using it, they committed suicide. (These drugs) interfere with serotonin receptors and that leads to long-term depression. It's worth a little extra work to address that."

It was this kind of state-level analog law that brought Eric Srack to justice in Kansas.

New York apparently has no similar analog law on the books, though it does have a law banning the sale of substances that turn out to be fake controlled substances (as opposed to something meant to mimic controlled substances).

New York Public Health, Title 7, Section 3383, covering imitation controlled substances makes it a misdemeanor to market, sell or distribute any substance that in its packaging or intent is a counterfeit controlled substance.

The law is intended merely to deal with the sale of fake prescription drugs, but it was used this month to arrest a person allegedly selling fake LSD in Waterloo.

Major Wayne Olson, head of the community narcotics enforcement division of the State Police, said he isn't aware of Section 3383 being used to prosecute dealers of analog drugs and doesn't see it as a viable option.

"The enforcement of a law is only as good as it's written," Olson said. "We can't change the language that's in the statute. The creative approach of using a statute up to this point hasn't worked out from a law enforcement perspective."

Olson said he and his peers are hopeful that the legislature will get serious about passing a broad enough measure to sweep in a range of synthetic compounds and give law enforcement the means to go after people who sell drugs that aren't necessarily specifically banned by compound name.

"The biggest tool we have right now is educational, because you know as well as I do, you can't legislatire away everything that is really bad," Olson said.

Another legal option being discussed in law enforcement circles is the use of New York's statutes against reckless endangerment.

Section 120.20 of the Penal Code:

A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

The crime is a Class A misdemeanor.

A prosecutor would have to prove that an employee or shop owner knew the substance was harmful, could cause serious injury or impairment, and sold it anyway.

Successful prosecution would probably require an undercover purchase of the product in advance, having it lab tested and then warning the merchant of the dangers, and then only making an arrest if the shop continues to sell it. 

The concept of prosecuting for reckless endangerment highlights another problem for local law enforcement in combating synthetic drugs: testing. The newer the drug, the fewer the labs that can test the compound and identify it. Testing new substances takes time and costs money. 

Another promising approach to curtailing the sale of synthetic drugs, Talbot said, is the kind of civil action recently undertaken by Attorney General Eric Schneiderman to target the seemingly disceptive labeling of chemical products under consumer protection laws.

In New York, a whole host of consumer products require manufacturers to notify the state of the chemicals in the products, including carpet cleaners, spot removers, upholstery cleaners and glass cleaners (all names given to products believed to be a form of synthetic drug at some point).

Depending on how a product is defined and what it contains, federal law requires:

• Ingredient information
• Poison warning
• Instructions on what to do if ingested
• Childproof packaging
• Directions for use of the product
• The name and legal address of the manufacturer

Labeling laws could become critical in chasing down basement chemists who continually release modified substances onto the market.

Another strategy that has been used in a few locations in New York is for municipalities to pass their own local laws banning the substances.

In villages where local ordinances have been passed banning the sale and possession of bath salts, the problem seems to have gone away, according to at least one report by Rocco LaDuca in the Utica Observer-Dispatch.

In Rome, for example, the police chief there, Kevin Beach, told LaDuca that the bath salt-related calls have dropped dramatically since officers have been able to enforce a local law against the substance.

“I believe it is very clear to the business owners and to the users out there that we are taking this very serious and we’re not going to tolerate it,” Rome Police Chief Kevin Beach said. “I believe it’s had a tremendous impact, and we’ll continue to enforce it if we get complaints that it’s being sold some place.”

Such laws, however, are still aimed at trying to keep abreast of the chemical trade.

If the government response is to repeatedly just ban new substances as they are formulated, then law enforcement will always behind the curve, Talbot said.

One thing Schumer's bill got right, and is a bold experiment, Duncan said, is a catch-all ban on any substance that binds to the CB-1 receptor. All synthetic cannabinoids -- drugs designed to mimic marijuana in some respect -- must bind to the CB-1 receptor in the human brain.

While Schumer's bill bans at least 18 substances that are synthetic cannabinoids, the omnibus ban could have the most effect in slowing the synthetic marijuana drug trade.

"Marijuana is unique in that it has its own receptors," Duncan said. "You can't take that approach with every drug out there."

The synthetic marijuana trade began with a grant in 1984 from National Institute on Drug Abuse to John W. Huffman, now a professor emeritus of organic chemistry at Clemson University.

Huffman and his team were researching cannabinoids to aid with treatment of multiple sclerosis, AIDS, and chemotherapy.

The team created 450 compounds, which is why when you read about synthetic marijuana you see references to chemical compounds known as JWH-081, JWH-133 as well as JWH-122, JWH-210, JWH-018 and JWH-073 (the compounds at the heart of the Srack case in Kansas).

In the early part of this century, German dealers began selling K2 and Spice based on two compounds developed at Clemson.

Huffman has reportedly said, “I figured once it got started in Germany it was going to spread. I’m concerned that it could hurt people. I think this was something that was more or less inevitable. It bothers me that people are so stupid as to use this stuff."

According to an article by Duncan, synthetic cannabinoids have been linked to "impaired driving, attempted suicides, and emergency department visits" and have shown such adverse effects as "increased anxiety, panic attacks, heart palpitations, respiratory complications, aggression, mood swings, altered perception and paranoia."

In some online forums, even self-identified drug users question the wisdom of consuming K2 and Spice.

In one online-posting, a person wrote, "I tried a couple times. I didn't notice any adverse affects, but a buddy thought his heart was going to explode, it was beating so hard. I won't ever do it again."

Some reported loss of memory and observing others appearing to suddenly just be really stupid.

While applauding Schumer's effort to ban all synthetic cannabinoids, Duncan also harbors doubts that the plan will work. In his online articles he's noted that some researchers are concerned there isn't enough science available yet to say whether the ban will hold up in court.

Even if the synthetic cannabinoids ban does work, the ban doesn't address the myriad of ways chemists might find to produce euphoria, stimulation and hallucinations. There are no single receptors for those highs, Duncan said.

With all of these chemicals -- whether they've been around since 1929, such as mephedrone, or since 1969, such MDPV (methylenedioxypyrovalerone), or something of a more recent vintage, such as naphyrone -- underground chemists are always looking for new compounds and new methods to combine them in ways that create new "legal" highs.

While chemists might expect a certain combination of chemicals to produce certain effects, there's no evidence chemists put their substances through any sort of rigorous lab testing to determine how the chemicals might interact with biological chemistry.

Any attempt to determine negative side effects or long-term damage seem not to be part of the process of bringing new products to market.

Look at the history of mephedrone and MDPV, which were reportedly first marketed as legal highs in 2003 and 2005. 

Producers promised euphoria and increased mental alertness. What users also experienced, according to Duncan's research, included rapid heartbeat, increase in blood pressure, vasoconstriction and sweating; while mental symptoms included an inability to sleep, anxiety, agitation, loss of appetite and intense desire to re-dose.

The so-called bath salt products seem to combined stimulation and an altered mental state that leads to intense hallucinations, agitation and paranoia.

That combination of effects may explain some of the bizarre behavior associated with these products.

There have been reports of people:

• Running around naked (the chemicals in bath salts raise body temperatures)
• Threatening children with knives
• Going wild in maternity wards
• Attacking others with shovels
• Threatening to eat people
• Urinating on a $30 million painting
• Falling through ceilings

There've even been cases where murder was blamed on bath salts.

Locally, we've seen reports of paranoid conspiracy theories, suicidal thoughts, people normally afraid of heights climbing onto rooftops, arguments involving knives and other threats of violence, people going to the hospital with seizures and extreme body temperatures.

How we got to this so-called "zombie apocalypse" has a lot to do with that 1914 law Talbot mentioned. State and federal laws address substances, not outcomes.

Some in law enforcement believe one answer to the synthetic drug trade is to create new laws aimed at prosecuting people who are found intoxicated on such substances, whether specifically scheduled as a controlled substance or not. Part of the theory is that if users were arrested on misdemeanors for ingesting such chemicals, they could more easily be shepherded into a drug-treatment program.

Duncan does think the news media has overplayed some bath salt-related news, but at least the public is being made more aware of these dangerous drugs (whether they lead to face eating or not).

In Duncan's home state, New Jeresy, legislators passed "Pamela's Law" after the murder of Pamela Schmidt in March 2011. Schmidt's mother told reporters that she believed the chief suspect in the case, William Parisio Jr., (who has not been convicted) was on bath salts. Later, prosecutors announced that a complete toxicology report on Parisio found no evidence that the substance banned in Pamela's Law, MDPV, was in Parisio's system at the time of his arrest.

Schmidt's death spurred the New Jersey Legislature to action to ban MDPV at a time when another synthetic drug bill had been stalled in committee.

"The synthetic marijuana bill sat and languished in sub-committees for over a year, however, due to this woman’s tragic death, the bath salts bill was passed in a matter of months after introduction" Duncan said.

What we now call the War on Drugs had in genesis in the Harrison Narcotics Act of 1914 and is underpinned by the idea that if the supply of illicit drugs can be snuffed out at border crossings, it will decrease supply, drive up prices and reduce use.

The unintended consequence, as Shafer points out in his article, is that it may have helped create the designer-drug market.

While some sources indicate that designer drugs are mostly created in Eastern European labs and manufactured in China and Indonesia, there's also evidence that chemicals are being combined right in the United States.

Even if products are coming from overseas, the smaller packages and odors of synthetic compounds may be missed by K-9s trained in the detection of organic drugs.

Either way, the compounds are so inexpensive to manufacture and sold at wholesale so cheaply that distributors reap huge profits.

A blog dedicated to stamping out synthetic marijuana reports that retailers purchase such products for $2 to $5 per packet, which then retail for $20 to $30 per packet.

The Marietta Times reported last year that one retailer accused of selling bath salts was generating $4,000 a day in profits.

At these profits, it may not be surprising that the rate of change for synthetic drugs seems to be accelerating as illicit chemists try to stay ahead of law enforcement efforts to curtail the sales of such substances.

A lab that specializes in recreating the chemical compounds found in synthetic drugs reported a few days ago that they're seeing a faster release cycle for new chemicals.

Who knows what negative, unintended consequences these new substances might unleash?

Talbot won't predict what comes next, whether the next wave of addicts will be even more dangerous to themselves or others, or whether some other behavior might become evident.

But he does know there will be a next wave and the bath salt craze won't go on indefinately.

In fact, because the publicity of the dangers of bath salts has been so intense, it's a fad that will burn itself out fast, Talbot believes.

Talbot compared drug epidemics with disease epidemics. If a disease is slow to catch on and cause serious illness and death, the epidemic lasts much longer, Talbot said, than one where people get sick and die quickly.

The same thing happens with drug epidemics, he said.

"When a drug is new, it's trendy and a lot of people jump on the bandwagon," Talbot said. "When bad things happen to those people, the drug tends to reach a plateau. The drug becomes unpopular. We then see very low abuse levels. Most drugs tend to follow this pattern. We're on an upswing with bath salts now, but as with most harmful drugs, the shorter the cycle. I think we'll see bath salts burn themselves out."

Sgt. Steve Hauck of the Utica PD thinks combating synthetic drugs is going to take a combination of education, laws, law enforcment and drug treatment.

"There is no one thing that is going to stop this problem," Hauck said. "You need all of those things to make it work. When you have one or two of those things fail, then you have a drug problem that is out of control."

Could things get worse before they get better. The experts hope not, but as Duncan noted, sometimes bad things have to happen before people take action. Talbot sees the same phenomena playing out.

"I think that as more and more kids become sick, hospitalized, die from (new drugs), people will start asking why the government isn't doing something," Talbot said.

"I think there is going to be increasing pressure on prosecutors and law enforcement to become more innovative in addressing synthetic drugs. We can’t continue to use our old techniques and use our old ways of enforcing 20th Century narcotic laws."

Two common questions around town about The 420 Emporium at 400 Ellicott St., Batavia, are "who owns it?" and "what does 420 mean?"

On the ownership question: Neither the City of Batavia nor Genesee County require business licenses. The store has not applied for (and apparently doesn't need) any sort of variance to operate nor has it applied for a sign permit. Technically, the store owner should apply for a "doing business as" fictitious name statement, but The 420 Emporium in Batavia has not done that, according to available records.

Amber Snover (inset photo), a Rochester resident, claims ownership on her Facebook page of the Brockport, Fulton, Henrietta and Syracuse outlets. 

This afternoon, The Batavian called Snover and asked if she owned the Batavia store. She claimed she did not. She also denied ownership of the Brockport, Fulton, Henrietta and Syracuse locations. She then hung up the phone.

We followed up with a text message and pointed out that she claimed ownership of the stores on her Facebook profile and she accused The Batavian of harassing her.

We then tried to call Joshua L. Denise, a Rochester resident who reportedly works at The 420 Emporium location in Batavia, and asked if he or Amber Snover owned the store and he immediately hung up the phone.

Snover represented The 420 Emporium at a Village of Brockport meeting in November after apparently running afoul of zoning rules that required a change of use permit for the 420 location at 14 Market St. The location had previously been a tattoo parlor and apparently Brockport's planning department needed to be notified of the change from service to mercantile.

Snover, according to the board minutes, said she was ignorant of the village's ordinance on the matter and apologized for not applying for the change before opening.

According to the minutes, Snover reportedly said she owned the store in Fulton.

Board members expressed concern about the depictions of marijuana in the shop's window and questioned why the store was open until midnight.

She reportedly said "that's when the sales are the highest."

Snover reportedly told board members she was previously employed at Look ah Hookah in Henrietta. That location was recently named in a lawsuit filed by the Attorney General's office aimed at curbing bath salt sales.

From the Viilage of Brockport Planning Board minutes:

Member Winner inquired what state agency determines what is appropriate in her store and she replied ATF. He asked if she had had any trouble with them and she said no, as a matter of fact, she just contacted ATF last week to see if it is okay to ID people at the door; they said it is fine. When asked if there had been any complaints filed with state or federal agencies, she said no. She was at her previous store less than one year and did have a fiduciary responsibility in that business.

At the time of the meeting, November 2011, Brockport PD reportedly walked through the store and found no illegal items on sale.

Snover reportedly gave two explanations to the board for the name "420 Emporium." One was that "420" is code for marijuana; the other that it was the date of a former partner's birthday.

The history of 420 as a code for marijuana goes back to 1971 when a group of San Rafael, Calif., high school students who called themselves "The Waldos" used to meet at 4:20 p.m. at a statue of French chemist and microbiologist Louis Pasteur to plan their search for a supposed secret, hidden cannabis crop in the area. By legend, 4:20 is the socially acceptable time to smoke marijuana.

Snover is also listed in domain name records as the owner of the420emporium.com, which she registered in February.

We are awaiting delivery of incorporation records from the NYS Division of Corporations, which should list the owner(s).

UPDATE 6:55 a.m., Tuesday:  It turns out the Monroe County Clerk's Web site has a copy of The 420 Emporium's incorporation application available. It lists a Charles D. Fitzgerald as the person who incorporated the company. Fitzgerald is mentioned as the owner of The 420 Emporium in Fulton in a story about his arrest on 42 counts of criminal possession of weapon when police allegedly found 43 brass knuckles in the store.

Fitzgerald, 36, the story notes, had a prior criminal conviction. The police made the arrest following an investigation into a reported theft of "incense" from the store. Fitzgerald was arrested in November. The incorporation application was filed in August. It lists the same address in Rochester that is associated with the domain registration for the420emporium.com, which lists Amber Snover as the owner of the domain.

Note that Snover mentioned a "former partner" in the hearing in Brockport, according to the minutes. Further research on the property address associated with the incorporation and the domain registration indicates it's actually in Greece, not Rochester.

There are some communities in Western and Central New York where law enforcement and emergency personnel have reported problems with users on "bath salts," but some communities have been untouched.

In the GLOW region, for example, Le Roy, Albion, Medina and Warsaw, according to law enforcement sources in each place, haven't seen many emergency calls related to bath salts.

In communities such as Batavia, Fulton, Utica, Watertown and Syracuse, however, there has been an explosion of calls for bizarre behavior, people having seizures, people demonstrating extreme paranoia and agitation.

What's the difference between these two sets of communities: In the villages and cities where there are problems, there is at least one retail shop -- usually a head shop -- suspected of selling synthetic drugs. Where no such shop exists, there haven't been many people buying and using the products.

In Batavia, first there was The Laughing Buddha, which was suspected of selling bath salts and other synthetic drugs until it closed around the beginning of May.

At about the time it closed, The 420 Emporium opened at 400 Ellicott St.

There are four other 420 Emporium locations in New York. The first one opened in Fulton in September 2011. A short time later, a second head shop opened in Fulton.

"Ever since that store came to town, well, let me put it this way, we never had a bath salt problem until these stores came to town," said Sgt. Joseph Agigo of the Fulton PD. "It seems to have contributed to the problem. It may not be the only source of the problem, but it has contributed to it."

While bath salts and other synthetic drugs are available online, an online purchase requries a credit card and creates a paper trail. For a person on parole or probation, that could be a problem.

When a retail store allegedly sells synthetic drugs, anybody with cash and knowledge of the location can acquire a product that may or may not have been banned by state or federal law.

Sgt. Steven Hauck, public information officer for the Utica PD, doesn't want to overstate the level of bath salt problems in his city, saying that because his department's policy is to be completely transparent about the issues it deals with, Utica got more media attention than some other municipalities.

However, Hauck said there is certainly a correlation between ease of access to a retail location that seems to be selling synthetic drugs and the problems it creates in a community.

"Part of the thing with any type of drug is a person's ability to obtain that drug," Hauck said.

What Hauck said he doesn't understand is why a business that might otherwise be legitimate would want to get involved in something as ethically questionable as selling synthetic drugs.

"The thing I've always found really odd about the whole bath salt thing is that while I can understand to a certain degree, though I certainly do not condone it, a person on a street corner selling crack or selling marijuana, these are businesses, legitimate business," Hauck said. "Why would you want to get involved in something that you hear every day is killing people?"

The 420 Emporium's Web site lists locations in Rochester, Henrietta, Brockport (top photo), Syracuse, Fulton and Batavia.

The bath salt issues in Batavia are well documented. Fulton's police have dealt with bath salt issues. Media reports confirm numerous bath salt issues in Syracuse, though there are other possible retail outlets allegedly selling the compounds in that city. 

As far as Brockport, its chief of police has not responded to multiple phone calls and emails requesting comment. The Batavian did speak to a lone police officer Saturday who said he wasn't aware of any problems related to 420 in Brockport; however, Jason Lang has told The Batavian previously that he has purchased bath salts in Brockport.

The turn out may have been but a few people at 400 Ellicott Street this morning, but the community support for the anti-bath-salt protest at 420 Emporium was much bigger.

Cars streamed by honking horns or people waved and gave a thumbs up or shouted out support.

One mother who was there said she came out because she believes bath salts have ruined her two adult sons' lives.

She said she's too embarrassed by the turn of events to give her name, but she said one of her sons made $55,000 a year and the other $40,000. They've both lost their jobs and have become exceptionally paranoid, living with sheets over their windows and convinced just about every one around them is an undercover cop.

"We took them for a ride and they said, 'there’s one,' 'there’s one,' " She said. "An old lady went by in a van and they said, 'there’s one.' I said, 'that’s an old lady. She can’t possibly be,' and they said ‘that’s what they do, they’re undercover.’"

Neither of her sons, she said, had ever gotten into any sort of trouble before they started using bath salts, which she said they bought at 420 Emporium.

Bath salts, she said, need to be completely wiped out in America.

"I’m hear because people have to see what’s going on with these kids. It’s killing them. It’s ruining their lives.  They’re losing everything they have."

Joan Liggetto (top inset photo), a licensed clinical social worker and counselor said she came out because she's just seeing too many of her clients getting messed up on bath salts.

"The more I see, the more I'm impacted," she said. "I see it just taking over youths. It's easy to get and easy to escape. I think it just makes them crazy."

She said she's seeing the same paranoia and manic behavior described by others.

"They’re normal and rational at times, but when you’re on bath salts, you’re not normal, you’re not rational," Liggetto said. "They’re staying up for three, four days; they’re on the streets at night. It’s a really, really bad epidemic the way I see it."

Councilwoman Rose Mary Christian (second inset photo) showed up as well to lend her support and she vowed again to do everything she can to get 420 Emporium shut down.

Bath salts, she said are too easy to buy.

"All you have to do is go up the counter, act crazy like somebody who is on it, and they'll sell it to you," said Christian, who pulled exactly that sort of acting job, she said, on Saturday night, and could have bought a package if she hadn't dropped the act and identified herself.

"It has to stop," Christian said.

The protest is scheduled to conclude at 1 p.m.

UPDATE: The protest pretty much dissipated by 12:30. Nicole Lang said they will put together another protest some time in the near future. Lang also said that after I left, two customers went in and one came out bragging about buying bath salts (though he didn't show a package) and the other, when he pulled away on his motorcycle, had left an empty package of alleged bath salts.

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) is fighting to keep dangerous synthetic drugs like bath salts out of local stores and off our streets. A recent wave of crime and menace has broken out in Batavia and across the Western New York region as more people have begun abusing the chemical compound marketed as a bathing product.

Hawley voted in favor of a law banning the compound most commonly found in the substance, and a federal ban was recently instituted barring the sale and possession of the drug. Manufacturers, however, have traditionally skirted attempts to outlaw the product by tweaking the chemical composition, which has produced grave risks to health and public safety.

As a result, Assemblyman Hawley is signing on to several pieces of legislation that will strengthen New York’s ability to eliminate all forms of this dangerous substance and end the terror plaguing local communities.

“Local stores are selling products that are tearing families apart and threatening the safety of our communities,” Hawley said. “The effects that bath salts and other synthetic drugs have had on our community are all too real, with many of us knowing friends, family members and neighbors who have either succumbed to the products or been hurt by someone who has.

"We must join together in awareness and vigilance of the threats that these drugs pose and do all we can to get these products out of local stores in order to protect the upstanding members of our local community.”

Hawley is also supporting multiple bills banning the sale and distribution of synthetic cannabinoids, another harmful substance that is allowed to be sold in stores due to loopholes in state law.

These marijuana-like products are marketed as incense or potpourri and are legally sold in a variety of outlets. Dangerous side effects include hallucinations, vomiting, agitation, increased heart rate, elevated blood pressure and other complications.

Hawley voted in favor of an Assembly bill banning synthetic cannabinoids and is supporting further legislation to have a ban adopted into state law.

Note: There is a picket against bath salts in Batavia scheduled for tomorrow from 8 a.m. to 2 p.m. at 400 Ellicott St.

Nicole Lang said today she had no idea what bath salts did to people when her son was still running The Laughing Buddha on Ellicott Street, Batavia.

Her son, 28-year-old Jason Lang, allegedly sold bath salts at that location and last week Nicole Lang went to the new head shop (named 420 Emporium) on Ellicott Street and demanded that the store stop selling bath salts to her son.

The confrontation led to Nicole being issued an appearance ticket for alleged trespass, and the news reports of that event led to several people in the community to ask why Nicole Lang wasn't confronting Jason when he was allegedly selling the synthetic cocaine/methamphetamine.

"I never seen how bad the drug was," Nicole said. "I guess you really don't understand it until you see a person who is on it.

"He shouldn’t have sold it," she added. "And now this is his punishment because his life is just about shot."

Within the past several weeks, Jason Lang has been arrested for allegedly calling the landlord of 420 Emporium and impersonating a State Police "detective"; he's been charged with falsely reporting an incident for allegedly calling emergency dispatchers and reporting shots fired at a local hotel; and, he's reportedly made several other calls to emergency dispatchers reporting things that turned out to be unfounded (but no charges were filed related to those calls).

Today, Jason Lang was supposed to appear before Justice Tom Williams in Town of Batavia Court on the false impersonation charge, but Lang's attorney Edward Martin told WIlliams that because the date of the case had been moved, his client didn't know about today's scheduled appearance.

Williams accepted the explanation and agreed to postpone Lang's appearance until Aug. 21.

About two hours before Jason's scheduled appearance, Lang called The Batavian's Howard Owens to talk about his situation.

During the 20-minute phone call, Lang acknowledged that he had a court appearance scheduled for 1 p.m. in the Town of Batavia and said that he would be there.

When we attempted to ask Martin about this apparent discrepancy, as Martin rushed to his car, he said, "What do you want me to tell you? What my client said to me?" He then jumped in his car, slammed the door and refused to take the business card of another reporter.

As soon as Martin drove off, Jason Lang called Owens again and wanted to confirm that his attorney had been able to reschedule his court appearance.

Lang said he wanted to meet with Owens.

Within three minutes, he was in the court parking lot talking with Owens and WHAM 13's Sean Carroll.

The reason Lang didn't appear in court today, he said, is "because my attorney knew I had more important things to do."

He then asked that we not disclose the nature of his other business today.

During the morning phone call, Lang was talking very fast about a wide range of conspiracies that tie in the federal government, state police, specific local police officers, the Chinese government and "every important person in Genesee County."

He believes he knows too much about what's really going on in Genesee County related to bath salts and that his life is in danger.

He said the State Police have been monitoring his every move, including placing cameras in VCRs and other electronic devices because they're making a documentary about bath salts.

He said it is either an FBI agent or State Police internal affairs investigator who first got him hooked on bath salts.

He said he has porno films that have "bogus" FBI warnings at the beginning saying the films were made in California, but that the actors in the films are all "the most important people in Genesee County."

Nicole Lang said when her son is on bath salts, he talks fast and rambles on about conspiracies.

"We don't really know what he's talking about. He says, 'please don't think I'm crazy. I'm going to solve this puzzle.'  He says, 'Bath salts made me brilliant. I’ve learned everything about everybody.' "

A year ago, Lang seemed to be doing pretty well for himself and Nicole said she was proud that her son was making a good living running his own businesses.

His twin brother, she said, decided to get an education and is now in a doctorate program, but she said Jay wanted to prove he could make something of himself just through hard work rather than getting an advanced education.

But when Lang decided to open a store that was part head shop and part tattoo parlor, that's when things started to go wrong.

"When he told us he was opening we told him, 'no, you don’t need that you’re doing good,' " Nicole Lang said. "The Laughing Buddha is the most evil thing that ever happened because that’s where everything started, at The Laughing Buddha, and that’s where everything went downhill."

All that Lang once had, she said, has been replaced by a pile of bills and bankruptcy for Lang seems inevitable.

Asked if Jason is a threat to the community, Nicole said he could be, but said she believes he would never intentionally hurt anybody. He's a bigger threat to himself, she said.

The day Nicole went to the 420 Emporium, she said she had spent the afternoon with him in a cemetery where he prayed for God to take his life.

"He said, 'just come to shoot me now because I’m not going to commit suicide, because I want to go to heaven and see my children some day.'

"One of these days, one of these days he is going to be dead," Lang's mother added. "Or he's going to wind up in prison for the rest of his life because he’s under the influence, and really, it’s not even him. He’s a good person. Right now he’s so messed up, it’s not Jason."

The protest planned for tomorrow, though, isn't just about Jason.

"I’m not just trying to save him," his mother said. "There are so many people. There are his kids and there are other kids. This is just such a horrible drug right now. This is a awful drug."

Her son, at least today, agrees.

He supports making bath salts illegal he said and doesn't believe others should use it.

"I apologize to the community," Jason said. "I think bath salts in general can screw up a lot of people's lives. People don’t trust you anymore, you lose friends, you lose finances, just like any other drug. What I can assure you though is that through this whole thing, I've kept my sanity."

Later in the same conversation, he said, "They (bath salts) are dangerous. They’re dangerous. It’s something you don’t want to mess with, just like other drugs. One thing I’ve learned about bath salts is they kind of get a grip on you more than any other drugs."

"I would like to make a public apology," he added, "to the police, to anybody I’ve caused grief to, any thing that has gone on that’s been a negative side to it; however, I did learn a lot of really interesting things from it. If there’s somebody out there who could help me in that sense, that would be awesome."

There's no doubt bath salts have added to the workload at UMMC's ER, according to Chief Medical Officer Michael Merrill.

Merrill said emergency room staff deals with patients coming into the hospital on practically a daily basis who often need to be restrained and sedated.

"We see fairly frequently individuals coming in with intoxication and basically acute psychosis from (bath salts)," Merrill said. "It's quite common."

While Merrill is not working directly in ER, so he can't confirm specifics of patient behavior, they are often described as confused, delusional and agitated.

Those are all common traits with amphetamine-type drugs taken in high doses.

"I don't think people are trying to achieve psychosis," Merrill said. "They are just looking for the high.

"What drug users do is dose themselves for drugs," Merrill added. "They make a calculation on how much they want to take and I don’t think that is an easy calculation to make."

A miscalculation leads to an overdose and the bizarre behavior now associated with bath salts.

In Batavia, recently, we've seen reports of people climbing on roofs, waving knives and calling 9-1-1 to report the sounds of gushots fired.

Talk to just about anyone about bath salts and invariably somebody mentions face eating.

Rumor has it, people high on bath salts have a propensity to try and take a bite of other people's faces.

Merrill said there's no reliable evidence that's a behavior associated with bath salts.

"I don't know if there's anything specific about bath salts that would make anybody want to bite anybody's face," Merrill said. "I know that’s in the news, but I don’t know that’s an intoxicating feature of bath salts. It’s not known to be a typical intoxicating feature of bath salts."

One interesting aspect of reports about bath salts is the patchy nature of the seeming epidemic across the United States. Some communities, such as Batavia, Utica, Fulton and even big cities such as Los Angeles, seem to have significant problems with bath salts. Yet Merrill said he talks to colleagues in places such as San Francisco and Buffalo and is told bath salt problems are rare.

Meanwhile, the Batavia Daily News reported today that 420 Emporium, 400 Ellicott St., Batavia, has been selling a bath salt known as Amped.

The story doesn't even use the word "alleged" to describe the assertion that 420 Emporium has been selling the controlled substance.

A reporter said she observed Amped transactions Saturday night and that an employee handed a package of Amped to Councilwoman Rosemary Christian after she inquired about purchasing the drug (Christian did not complete the purchase). 

An employee reportedly said the shop would continue selling Amped until today.

U.S. Attorney for Western New York William Hochul confirmed today something he told The Batavian last week, that as he understands the new law, as of July 9, when President Barack Obama signed legislation sponsored by Sen. Chuck Schumer, it is a federal crime to sell and possess bath salts.

If it's true that 420 Emporium sold bath salts through Sunday, and the law was effectively immediately upon the president's signature, any such alleged sales would be in violation of federal law.

Also, if the store employee said sales would be discontinued, he is implicitly admitting to bath salt sales prior to today. Besides the new law, bath salts were on a Drug Enforcement Administration emergency controlled substance list prior to July 9 and illegal to sell, though the federal government had a much higher bar to cross to prove any crime.

When The Batavian entered 420 Emporium today, as soon as we identified ourselves, a stocky male employee pointed to the door and said, "Have a nice day."

We asked, "Is the information in this article accurate?"

He repeated the gesture and said, "Have a nice day."

When asked if he wanted a chance to correct any issues, he said, "Please leave." 

The employee refused to answer a number of repeated questions, saying each time, "Have a nice day."

The Batavian then attempted to contact the owner of the 420 Emporium chain by calling the Brockport store and the Fulton store. Both employees took messages and the employee in Fulton offered to send a text message to the owner with our interview request. So far, the owner has not called The Batavian.

The sister of Jason Lang, as promised, has announced a date for a protest against bath salts. It will take place in front of 420 Emporium, 400 Ellicott St., Batavia.

The protest, Brandi Smith said, is set for 8:30 a.m. to 1 p.m., Wednesday, July 18.

"We're asking anyone who would like to join us to please meet at the location," Smith said. "This protest is against the sale and use of bath salts. I have seen bath salts ruin lives, families, people have died, and the bizarre actions of people using bath salts puts everyone in the community in danger."

On Tuesday, Smith's mother Nicole Lang confronted store employees because she believes 420 Emporium has been selling bath salts to her son, Jason Lang.

A store employee told police that Lang entered the store that night "and began yelling and screaming ‘You’re selling bath salts and killing my son.' "

At the scene -- Nicole Lang was cited for alleged trespass -- Lang and Smith vowed to mount a protest against the store.

"I'm sending out a plea to the whole community to please give a little of your time to participate in the protest," Smith said last night. "I feel this is an emergency situation that needs immediate attention. My hope is people will become more aware to this nightmarish situation."

Jason Lang is the former owner of The Laughing Buddha, a tattoo parlor and head shop on Ellicott Avenue. Smith worked for a time as manager of the shop.

While Lang has admitted to selling synthetic marijuana in the past, he's always denied selling bath salts.

The bath salt issue, however, has recently hit the Lang family hard. Jason Lang has been arrested for allegedly calling the landlord of 420 Emporium and impersonating law enforcement, trying to convince the landlord not to rent to the Brockport-based business, allegedly warning the property owner that the retail chain sells bath salts.

In recent weeks, Lang has reportedly made several 9-1-1 calls and was arrested July 1 for allegedly falsely reporting hearing gunshots at a local hotel.

The mother of Lang's child, Ashley Keene, is accused of giving bath salts to a 14-year-old girl. According to the girl's statement to police, Lang and Keene drove to the 420 Emporium location in Warsaw to buy two packages of "Amped," a brand of bath salt, on Memorial Day.

City Manager Jason Molino said the planned protest might be an appropriate neighborhood response.

"If that's what's going on inside that establishment, and if the neighborhood is fed up, it's certainly within their right to do that," Molino said.

The Batavian called the 420 Emporium in Batavia today to get reaction from the store manager to the planned protest, but he wasn't available for comment.

Besides Brockport, Batavia and Warsaw, 420 Emporium operates stores in Rochester, Syracuse and Fulton.

The photo above was taken Thursday morning. Up until at least Wednesday afternoon, the store had its business name painted in the windows of the shop.  Employees have apparently removed the name of the business from the window.

Even if people can't come out on Wednesday, Smith asked people to pray about the bath salt issue.

"As a Christian and a member of the Batavia Assembly of God, I urge people to pray for any and all who have been affected by bath salts," Smith said. "Jesus is love. Bath salts are evil."

For more information on Smith's plans or to help in organizing the protest, contact her at 585-300-7790.

Eric Betz says he and a lot of his friends are pretty unhappy with what they're seeing in Batavia right now.

Betz wants to do something about it: raise awareness of the dangers of bath salts and send a message that not everybody who enjoys an alternative lifestyle approves of this behavior.

"We don't want people who enjoy their freedom of expression to be equated to these scumbags," Betz said.

He's working on organizing a community event sometime soon that he hopes will bring the community together to rally against bath salts.

He said a few local businesses, such as Bourbon & Burger, Foxprowl Collectables and CPR Computer, have signed on to support the event. Next he wants to talk to the City of Batavia to get permission to hold the event in Austin Park. 

He's also looking for a donation of a car that people can take a whack at with a sledge hammer as a "your brain on bath salts" message.

At $5 a hammer swing, Betz is hoping to raise money for GCASA or another substance abuse program.

Betz, manager and a tattoo artist for Affliction Ink, 440 Ellicott St., Batavia, said "almost every one of my clients is against this crap."

Affliction Ink is owned by Eric Weiss. Both Weiss and Betz are former employees of The Laughing Buddha (440 Ellicott is the Buddha's original location) who left their jobs there, Betz said, because they were concerned about Jason Lang allegedly selling synthetic marijuana. 

Now they're just down the street from 420 Emporium (located at 400 Ellicott St.), which Betz believes has sold bath salts, and he said if they were or are, it's bad for the neighborhood.

People sometimes confuse the two businesses, he said, and he wants to make the distinction clear. Affliction Ink has nothing to do with bath salts, he said, though some people still come into the store looking to buy packages of the narcotic.

"It's getting out of hand," Betz said. "We see people walk by every day high on this stuff. It's disgusting."

One of the big dangers of bath salts, Betz said, is that it makes people paranoid and they might act irrationally, making them a danger not just to themselves but anybody in the community.

"We want to raise awareness about it," Betz said. "I'm tired of hearing people saying they want to leave Batavia because of it. This is my home. I love it here."

Rich Clark of CPR Computers has set up a Facebook page for the planned event, "Let's Beat Bath Salts."

UPDATE: The event is scheduled for 11 a.m. to 4 p.m., July 28, at L&L Transmission, 8781 Alexander Road, Batavia.  Additional businesses supporting the event: Neptunes Gardens Pet Shop, Rochester Metal Booking, B-Town Yellow Taxi, My T-Shirts Etc.  Also, I'm told I got Eric's profession wrong. He does piercings for Affliction Ink.

Up until Friday, Melissa Broadbent thought her brother Bradley was really turning his life around.

He had a job, he was trying to do the best he could by his son, within the limits of court orders and the demands of the child's mother.

Then, seemingly overnight, and just three months removed from his last prison term, Bradley Broadbent discovered "Amped," a form of bath salts that is reportedly sold at a shop in Batavia.

"Previous to that day, he was doing well for himself," Melissa said. "He worked in a flower shop, he gained better employment, he was trying to become a good member of society."

Last Friday, Bradley thrust himself into local headlines when he climbed atop the roof of a home on Hutchins Street and then began jumping from roof to roof, yelling something about the police being after him.

He was taken by Mercy EMS to UMMC for evaluation, but that night, Bradley reportedly fled the hospital and went to his ex-wife's house on Tracy Avenue and entered her home.

That action led to a charge of burglary in the second degree.

"I don't believe anybody should be selling it," Melissa said. "For some people it’s a high, but for other people something doesn’t quite click and it’s not safe to us and the rest of the world."

If convicted of the burglary charge, it would be Bradley's third strike and mean from 20 years to life in prison.

And that's what has Melissa Broadbent most concerned.

She thinks the system has failed her brother. And the failure of the system, she said, was never more apparent than it was on Friday.

Melissa said when she came across Bradley that morning, she could tell he was high and learned from a friend that he had allegedly ingested bath salts, a substance for which she had no real prior knowledge.

She said she tried contacting her brother's parole officer, but he was on vacation and nobody from the parole office "bothered," as she put it, to call her back.

A call back and an effort to pick him up might have meant the entire Friday would have gone completely different for her brother, she said.

Then, after her brother was taken to UMMC, Melissa wonders why he was lightly restrained at the hospital. Melissa believes he should have been shackled by handcuffs so he couldn't escape until he came down off his high.

Then there's the issue of the burglary charge for entering his ex-wife's home.

"She was leaving a key in the mailbox for him," Broadbent said. "How was he supposed to know he wasn’t supposed to come in that day?"

Now that Melissa has gotten a quick personal and Google-search lesson in bath salts, she is perplexed why the substance is so easily available in Batavia and why anybody in good conscience would sell the substance to another human being.

"There's a chemical in it, a specific chemical, that makes you come out of your element and makes you do things you would not normally do," Melissa said. "It is not safe, not for anybody, not for the person doing it and nor for the person walking down the street.

"There's no way to test for it. People who want to find a mental escape, they're going to do it because it's legal and it's so easy to get. It needs to come off the street before somebody dies."

Bradley Broadbent was first arrested, she said, on a robbery charge when he was 16. He and a partner stole one dollar from a store and Broadbent spent eight years in prison.

When he came out, Melissa said, he was a changed person. He was anti-social, didn't know how to interact with people, distrusted everyone and was hostile to people he met for the first time.

The family wanted to help him, they said, so in the hope of getting him into treatment, they provided information to law enforcement that led to his arrest.  Rather than receiving treatment, however, she said Broadbent was sent back to prison.

"That didn't help him at all," she said. "That made him worse."

Now, with a possible third strike, Melissa is worried the system will once again come down hard on him and send him to prison for the rest of his life.

She hopes, somehow, someway, the system will do better than that by her brother.

"He is in need of mental care," Melissa said. "We know him. The people who know him, know he needs that. The system doesn’t know him. They don’t know he needs that and the system doesn’t care. That’s what I would like to see happen. My brother needs mental care. He needs help mentally. He doesn't know how to handle himself emotionally or mentally."

She isn't of a mind to sugarcoat any of the things Bradley has been accused of doing in the past. She just wants the best outcome for her brother.

"I don’t defend anything my brother has ever done," she said. "If he’s wrong, he’s wrong."

The rapid lessons in bath salts has made her very afraid of what the presence of the substance means for Batavia. She's worried -- more certain -- that not enough will be done soon enough about bath salts.

"It seems nothing ever gets done until it's the absolute worst and then people open their eyes and do something," she said.

Nicole Lang, the mother of another person whose life is allegedly being harmed by bath salts has said she's ready to set up a picket and a protest of a local shop allegedly selling the now controlled substance.

"I’m with her," Melissa said. "I’m all with her. The people selling this stuff, they’re not dealing with the consequences. Yet the people who love their family are the people who have been tainted by the effects of it."

Nearly every day of late, emergency dispatchers in Genesee County field multiple calls related to people getting into trouble or causing problems while apparently high on a substance benignly called "bath salts."

Area law enforcement officials recognize the problem, and even though most of the compounds known as bath salts are now a Schedule 1 Controlled Substance under federal law, the tools available to police officers to deal with these sometimes bizarre events are limited.

In the City of Batavia, Police Chief Shawn Heubusch said the approach his department is taking to deal with bath salt-provoked incidents is first a public safety issue.

"First and foremost, any responding officer is checking the welfare of people," Heubusch said. "First comes public safety, the safety of the people involved, checking to see if medical attention is needed, giving it to them."

If a crime has been committed, an individual under the influence of bath salts might be arrested, Heubusch said, but the first order of business is that person's health and safety.

However, since at a local level, the possession and even the sale of these so-called bath salts are legal, there isn't much local law enforcement can do to combat the spread of the drug.

But that doesn't mean any Genesee County residents or businesses that might sell bath salts should feel comfortable distributing the compounds outlawed as a result of legislation sponsored by Sen. Chuck Schumer.

The federal government's top law enforcement official in Western New York said today that investigators will respond to any complaints of the substances being sold locally, whether the complaints come in the form of tips from concerned citizens or media reports suggesting such sales are taking place.

"What the public can expect as with any reports of criminal activities is that law enforcement will look into it as appropriate," said William Hochul, U.S. Attorney for Western New York. "I can’t comment on specific cases, but the way we do our job in law enforcement is we look for possible violations of crime and we investigate it. If it rises to the level of a federal offense, we will prosecute."

Hochul praised The Batavian and Rochester's WHAM 13 for aggressive reporting on the bath salt issue during an exclusive interview with the two news outlets at the Sheriff's Office in Batavia.

"The public needs to be aware that the side effects of these substances is that to an extent they can be deadly," Hochul said. "We've had any number of episodes where people have acted violently, or they've gone into cardiac arrest, and that's just what we know. There's a long-term effect that still remains to be seen. So, the best defense, as with most drugs, is for the public to get educated."

Schumer's legislation bans MDPV (methylenedioxypyrovalerone) and mephedrone, the active ingredients in bath salts.

Reportedly, the chemicals found in bath salts cause effects similar to those of cocaine and methamphetamine, including hallucinations, paranoia and suicidal thoughts.

In Batavia in recent cases, people have climbed on rooftops, waved knives at people in a threatening manner, claimed to be attacked by ghosts, reported hearing gunshots and have been combative toward medical personnel during emergency responses to deal with their seizures.

Family members of individuals reportedly on bath salts have said that users  expressed suicidal thoughts and engaged in self-destructive behavior.

The paranoia, violence and self-destructive thoughts of people on bath salts are a safety concern for the public and emergency personnel, local law enforcement officials say.

"People using these substances are sometimes unpredictable and sometimes become violent," Heubusch said. "The officers do a great job of limiting contact with these people and ensuring everybody is safe."

Sheriff Gary Maha said fortunately, no situations involving his deputies have gotten out of hand, but officers have been responding to numerous medical calls involving bizarre behavior.

"Our officers are trained to protect themselves," Maha said. "It doesn’t matter what type of situation. It can be a dangerous situation. This person could have a knife he’s swinging around or whatever and they will have to take appropriate action to protect themselves and protect the public.

"We haven’t come across a situation yet where an officer needs to use a Taser, but our officers are armed with Tasers and trained in using them," Maha added.

Det. Rich Schauf said that with all the information available now about bath salts, and the fact that it says right on many packages, "not for human consumption," the real question is, why are people using them.

"The unfathomable situation in all this is why would somebody do this to themselves," Schauff said.  Why would somebody ingest something that they don’t know what it is. ... that's the real question: How do you stop somebody from hurting themselves?"

While that may be a question without an answer, Hochul's office is taking seriously the issue of enforcing the new ban on bath salts and synthetic marijuana, he said.

"We will now be able to treat bath salts the same way we treat cocaine and heroine," Hochul said. "(We can) use all of our federal techniques that we have available, including wiretaps, undercover operations, and hopefully bring these cases to closure much easier and much more successfully."

Up until the new ban was signed into law by President Barack Obama, federal law enforcement had very limited tools to combat bath salts and synthetic marijuana.

The chemicals used to manufacture these drugs were part of a DEA emergency schedule as controlled substances, but that only meant that law enforcement had to prove in a court of law that a person selling the substance did so with the intention they would be used for human consumption and that the effect of the substances was in fact similar to that of meth or cocaine.

That all changed on Monday.

"It’s much better for the community to know now that the substances are -- no ifs, ands or buts -- illegal to possess, to sell or posses with intent to sell," Hochul said.

While law enforcement officials take seriously the apparent increase in bath salt-related calls, they also say it shouldn't be overstated as some sort of community epidemic.

The majority of calls, according to Schauf, involve the same people repeatedly, and those calls are generally confined to people who have had law enforcement contact prior to bath salts becoming an issue.

Heubusch agreed.

"I don’t believe this is a widespread, mass hysteria type of event," Heubusch said. "It does seem to be a small group of people."

The other factor that may contribute to bath salts being part of a greater consciousness in Batavia, Schauf said, is more people understand what bath salts are and what they do, including cops and medical personnel.

"We might have been dealing with this before and we didn't know it," Schauf said. "Now that it's identified, you have this effect of everything is bath salts the minute you see somebody who is irrational."

All of the law enforcement officials we talked to today also said bath salts are just the latest fad drug. They pointed to either Ecstasy, PCP, sniffing glue, meth and even LSD as "fad" drugs of the past that eventually stopped being a common problem.

"We've seen different peaks and valleys in the past," Maha said. "We've seen LSD and we don't see that much anymore, or PCP, and we don't see that much anymore. They have all come and gone and hopefully this will as well."

What worries law enforcement officials that while federal -- and even possibly, someday, state legislation -- might outlaw bath salts as we know them today, there are probably chemists somewhere trying to cook up the next intoxicating brew.

"We have to be concerned about it," Hochul said. "I read one report that said this (the new law) is like raising the wall a little higher as the floodwaters grow. We certainly hope at a certain point that there won't continue to be creation of illegal substances, but given the advances in science and the willingness of people located throughout the world to try and make money through the selling of illegal drugs, it’s reasonable to assume there will be continued efforts to avert this law."

Hochul had two other bits of advice for community members who are concerned about bath salts.

First, if people plan to picket -- as Jason Lang's mother suggested doing -- an establishment suspected of selling bath salts, they shouldn't worry that such action would interfer with a federal investigation.

"If you’re a mother or a parent with concerns, you still have to do what you have to do to protect your family within the bounds of the law," Hochul said.

"We have an obligation to investigate violations of the federal law using all of our tools and there are ample tools to investigate the fact that somebody may be illegally selling drugs," Hochul added. "If somebody is protesting on the one hand, they should not be worried that would impede our ability to use one of our other tools to investigate violations of federal law."

The second bit of advice was directed at any landlords who might be leasing property to a business that could be selling bath salts.

The property can be seized under the federal forfeiture law.

If a judge determines the property owner knew a business was selling a controlled substance -- and media reports indicating such transactions were allegedly taking place -- a judge could rule the property owner should have taken action to ensure such sales were not being conducted on his property.

"If the landlord wants to keep his property, the landlord's obligation should be to make sure there’s no illegal activity occurring on his property," Hochul said. "That’s another advantage of having very assertive media in exposing this to the public at large. What did the particular owner know and when did he know it?"

Heubusch and Hochul also said the entire community has a role to play in combating bath salts in Batavia.

Community members, they said, need to call the police about suspicious activity, cooperate in investigations and educate each other about the dangers of these chemicals and compounds.

"This is a perfect opportunity for the community to come together and help others out," Heubusch said. "Whether they call us, they call 9-1-1 to report a suspicious event, or when the officer does arrive, report what they saw to that officer. ... We will do what we can to protect this community, but we do need help from the community itself."

PHOTOS: Top, Chief Shawn Heubusch; first inset, U.S. Attorney for WNY William Hochul; second inset, Sheriff Gary Maha.

This story was produced in conjunction and cooperation with The Batavian's official news partner, WBTA, and Sean Carroll, reporter for WHAM 13 in Rochester.

Related stories:

• Batavia Police Plan To Deal With The Trend Of "Bath Salt" Use (WBTA)
• Home : News : Top Stories Batavia Police Eye Plan Of Attack To Combat Bath Salt Use (WHAM 13)

The mother of Jason Lang marched into 420 Emporium, at 400 Ellicott St. Batavia, tonight and demanded that employees sell her "Amped," a brand of bath salts she believes had been sold to her son at the store earlier in the evening.

She said she is trying to make a point -- that the recently opened head shop is killing her son by selling him the chemical substance.

For her trouble, she was issued an appearance ticket for alleged trespassing.

Jason Lang, previously arrested for allegedly making false reports to law enforcement in 9-1-1 calls, was bailed out of jail recently, according to his mother, Nicole Lang, by an employee of Lang's cab company.

"I want them to stop selling to my son because they are killing him right now," Mrs. Lang said.

Sgt. John Peck said that as a parent he sympathizes with Mrs. Lang's position, but said, "she's not going about it the right way."

Mrs. Lang said she went in the store, tried to buy bath salts, was told to leave and then left. Peck said store employees saw and what he observed himself is something different.

According to Peck, Mrs. Lang was told to leave, and did, but then stormed back in, disrupting business transactions in the store. After Peck and Officer Kevin DeFelice arrived on scene, Peck said Mrs. Lang reentered the store and started yelling at employees.

The store manager, Peck said, wanted to press trespass charges.

"We could have charged her with other possible crimes," Peck said. "We charged her with simple trespass."

Simple trespass is equivalent to getting a traffic ticket.

Mrs. Lang said she isn't done protesting against 420 Emporium for allegedly selling bath salts. She and her daughter, Brandi Smith, said they are going to organize a protest picket against the store to raise community awareness about 420 allegedly selling the chemical compounds.

They're hoping, they said, other community members concerned about bath salts in Batavia will join the protest.

The date of the protest will be announced at a later time.

According to Mrs. Lang, a person she encountered coming out of 420 Emporium when she arrived told her he had just purchased Amped in the store and snorted a line in front of her.

"He said he loved it," she said, and then he laughed and walked off.

While Mrs. Lang was out on the sidewalk after one of her previous entries into the store, she said two people -- a former employee of Lang's and a relative of Lang's -- walked past and one of them shoved her into the roadway on Ellicott Street.

She wanted the woman charged with assault, but Peck told her that complaint is still under investigation.

Peck told The Batavian that witnesses who don't know any of the parties involved said Mrs. Lang was trying to prevent the couple from walking down the sidewalk and one of the people simply tried to push her out of the way.

The two people would be interviewed, Peck said, before he reached any conclusions about the case.

Meanwhile, Peck said Batavia PD are dealing with an increasing number of bath salts related calls.

Today, he said, there were at least three bath salt related calls in the city, including one where two people allegedly on bath salts both started thinking the other was mad at the other. One of the people involved ended up going into the street brandishing a knife threatening the other person.

"We've been dealing with it (bath salts) all day," Peck said.

While police were on scene at 420 Emporium, Lang reportedly drove up to a Batavia PD cruiser and told an offer that gang members were out to kill him and drove off.

Brandi Smith said Lang's report to police isn't entirely bath-salt-inspired paranoia. According to Smith, a couple of months ago, Lang turned over to State Police all the Amped he had in his shop -- the former Laughing Buddha -- and that Lang  acquired the supply of Amped from a well known alleged criminal enterprise.

According to Smith, members of the crminal enterprise had laced the Amped with meth, unbeknownst to Lang, and Lang is facing possible criminal charges for selling the substance.

Now, she said, members of the gang are demanding Lang either return the Amped or pay them the money they're owed. 

The Amped in question, she said, is in the custody of State Police.

Finally, both Mrs. Lang and Mr. Lang (Jason's father) expressed displeasure with The Batavian's reporting about Jason Lang. They said The Batavian's stories leave people with the impression that Jason is some sort of "low life."

"Jason is really a good person," Mrs. Lang said. 

She said she wants the community to know he's really a good person just having a problem right now. She said she is worried about his health, but, "he's a really good person."

Photo: Nicole Lang sobs in front of 420 Emporium while awaiting Batavia PD to issue her an appearance ticket for alleged trespassing.

A 24-year-old Batavia resident who allegedly gave bath salts to a minor did so, she reportedly told a DSS caseworker, because she thought the chemical was legal, "therefore it was OK."

Ashley R. Keene, of 244 Liberty St., Batavia, is charged with endangering the welfare of a child.

Her alleged admission to giving bath salts to a 14-year-old girl are contained in court documents on file with Batavia City Court.

According to a DSS worker who made a statement in support of Keene's arrest, Keene said she didn't understand on May 28, Memorial Day, that giving a child bath salts was illegal.

Keene is the girlfriend of Jason D. Lang, 28, of 244 Liberty St., Batavia, who is currently being held in Genesee County Jail. He is accused of falsely reporting an incident for allegedly calling 9-1-1 to report gunshots at a local hotel July 2.

In court documents, a Batavia PD officer reports that in a jailhouse interview, Lang denied participating in giving the girl bath salts and says he warned Keene against it, but admits, according to the officer, of "having a problem with bath salts."

Lang has reportedly been involved in other bizarre calls to the emergency dispatchers, placing multiple calls to 9-1-1 one morning in late June and either he or Keene reported a toxic chemical odor at 244 Liberty St. in June that city fire later declared unfounded.

Lang is the former owner of The Laughing Buddha, 238 Ellicott St., Batavia, which was a head shop and tattoo parlor. The shop has been closed for a few weeks and is reportedly out of business.

In late May, Lang was arrested by State Police for allegedly calling the property owner of 400 Ellicott St. and telling the landlord that he was a "State Police detective." Lang was allegedly warning the landlord not to rent to 420 Emporium because, according to Lang, the business sold bath salts.

According to court documents, on May 28, the 14-year-old girl was given permission to go with Lang and Keene to a rib festival in Rochester. She was reportedly going along as a babysitter for Lang and Keene's daughter.

At about 5 p.m., her parents gave her permission to go home with them. On the way back to Batavia, Lang drove to Warsaw and stopped at a 420 Emporium location there.

The girl reportedly told officers that Lang gave Keene $100 to buy two packages of "Amp" (aka Amped).

When Keene came out of the store, according to the girl, she gave one package of the compound to Lang and kept one for herself. Lang, the girl said, got in the back seat and Keene got behind the wheel. Before driving away, according to the statement, Keene snorted a half line of the bath salt.

Jason slept in the back seat during the drive home, the girl said.

Upon arriving at 244 Liberty, according to the girl's statement, she got permission to stay with Lang and Keene overnight.

In the statement, the girl is reported to have said that Keene was going to do her hair and makeup for her last day of school.

Once home, the girl reported that Lang and Keene argued about "cheating and lying."

Then they decided to go to McDonald's and Tops for food.

When the group returned to 244 Liberty, Keene allegedly asked the girl, "do you want to do caffeine powder with me?"

The girl said she had never snorted anything before, according to the statement, and Keene allegedly showed her how to snort the powder.

At 10:30 p.m., Lang reportedly said he was hot and wanted to go for a walk. The girl also said they were going to look for Lang's dog, which had apparently run off.

When the got home, the girl took a swig from a Sprite bottle, according to the statement, that she later learned contained some "Amped" mixed in the bottle.

The girl said she started feeling hot. Keene, she said, got a bag of peas from the freezer and put them on her forehead. Lang asked her if she needed to take a shower. She declined the shower.

The group stayed up all night watching TV, the girl reportedly said. She said she couldn't sleep.

At 5 a.m., she started getting ready for school. 

She took a shower and Keene stayed in the bathroom during the entire shower, the girl said.

When she got out of the shower she said she noticed scratches on both of her forearms but didn't know how they got there.

Keene did the girl's hair and makeup.

When she got to school, she said, she wasn't feeling well. At about lunchtime, she started throwing up.

Her mother came and took her home.

According to the report, the girl didn't eat for two days.

Lang has previously denied selling bath salts at The Laughing Buddha, but has admitted to selling what is commonly accepted as synthetic marijuana, which Lang called incense and potpourri (previous coverage here). Just before his store closed, Lang said he had found a new kind of synthetic marijuana that was all organic and wasn't covered by a recent statewide ban on most substances known as synthetic marijuana.

After the jump (click on the headline) a press release from Sen. Charles Schumer on President Obama signing legislation making it illegal to sell (as a federal crime) many of the chemicals used in bath salts and synthetic marijuana.

Press release:

Today, United States Senator Charles E. Schumer announced that President Obama has signed into law new drug legislation that will permanently ban the deadly chemical compounds marketed and sold as bath salts and incense in the New York State and the United States.

Schumer successfully fought to include three bills relating to synthetic substances – S. 409 (Bath Salts), S. 605 (Synthetic Marijuana) and S. 839 (Synthetic Hallucinogens) – as part of the Food and Drug Administration Safety and Innovation Act. Schumer and his colleagues were able to pass this ban over the strenuous objections of Senator Rand Paul (R-KY) and Schumer applauds President Obama today for his swift approval of the bill once it arrived at his desk for signature.

“President Obama’s swift approval of this federal ban is the final nail in the coffin for the legal sale of bath salts in smoke shops and convenient stores in New York State and throughout the rest of the country,” Schumer said. “This law will close loopholes that have allowed manufacturers to circumvent local and state bans and ensure that you cannot simply cross state lines to find these deadly bath salts, and I’m pleased that after a great deal of effort, it has become law.

"We have seen bath salts catalyze some of the most heinous crimes in recent months across Upstate New York, and the President’s signature ensures that the federal government can fight this scourge with a united front, across state lines and at our borders.”

Schumer’s bath salt legislation will specifically ban MDPV (methylenedioxypyrovalerone) and mephedrone, the active ingredients in bath salts and are now being sold online, at convenience stores, and in smoke shops under names like Tranquility, Zoom, Ivory Wave, Red Dove, Legal Phunk and Vanilla Sky.

According to numerous reports, the chemicals found in bath salts cause effects similar to those caused by cocaine and methamphetamines, including hallucinations, paranoia, and suicidal thoughts. In one case a user was reported to have resorted to self-mutilation after abusing the substance. In several cases, users have died after overdosing or because of violent behavior.

Schumer’s legislation will make bath salts illegal in the United States by adding the active ingredients, MDPV and mephedrone, to Schedule I of the Controlled Substances Act, which classifies drugs that are illegal and cannot be prescribed under any circumstances. In addition to MDPV and mephedrone, there are 29 other substances that Schumer’s bill bans.

Over the past year, New York State has seen a drastic increase in both the use and the occurrence of destructive incidents involving bath salts. This new federal ban will significantly curb the accessibility of this life-threatening scourge.

Below are a list of all 31 substances that Schumer’s legislation would ban on a federal level:

A) Synthetic Marijuana:

1.      2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.

2.      3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.

3.      3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.

4.      1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.

5.      3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.

6.      5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);

7.      5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog);

8.      1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678);

9.      1-butyl-3-(1-naphthoyl)indole (JWH-073);

10.  1-hexyl-3-(1-naphthoyl)indole (JWH-019);

11.  1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);

12.  1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);

13.  1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);

14.  1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);

15.  1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);

16.  1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201);

17.  1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);

18.  1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4);

19.  1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8);

20.  1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).'.

B) Bath Salts

21.  4-methylmethcathinone (Mephedrone).

22.  3,4-methylenedioxypyrovalerone (MDPV).

C) Synthetic Hallucinogens

23.  2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).

24.  2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).

25.  2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).

26.  2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).

27.  2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2).

28.  2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4).

29.  2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).

30.  2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).

31.  2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).'.