FORT WAYNE – By next week, it will be illegal to sell the synthetic marijuana product known as K2 anywhere in Allen County.
The Allen County commissioners Friday unanimously approved an ordinance banning the sale of the substance as state lawmakers gear up to pitch a statewide law deeming the substance illegal.
Unlike similar ordinances adopted by the cities of New Haven and Fort Wayne, the county’s law will not ban the possession of such products, which are sold as incense but are smoked like marijuana. The products are currently legal under state law.
Because of the difficulty of enforcing a provision that would ban possession, the county’s ordinance does not take that step, Commissioner Bill Brown said.
Going by such names as Spice and K2, the mixture of herbs and spices is sprayed with a synthetic compound chemically similar to the psychoactive ingredient in marijuana.
The products are illegal in several states but not Indiana.
The county’s law is meant to complement the tougher laws adopted by the two cities, said Beth Lock, the commissioners’ director of government affairs.
Retailers caught selling the product face a $2,500 fine.
“This is a great victory. Just to have the county on board makes a great difference,” Fort Wayne resident Sheila Campbell said.
Campbell and the organization Students Against Violence Everywhere have pushed for local ordinances to keep the substance out of the hands of children.
Because there are few grocery stores on the south side of Fort Wayne, children frequent gas stations where they see and can buy such products. The group didn’t want the drug substitute in the community, she said.
Campbell was comfortable with the county’s banning the sale only, she said, as it ensures people can go to the hospital for treatment and not fear a ticket for violating the ordinance.
Area emergency rooms have treated patients who have suffered medical problems after using it.
The commissioners also agreed to pass the ordinance under an emergency provision, allowing it to take effect more quickly.
Typically when an ordinance is passed, it doesn’t take effect for about a month. As an emergency, the ordinance takes effect as soon as it is posted in the three commissioners’ separate districts, Lock said.
The ordinance is expected to be posted by Friday, attorney Bill Fishering said.
New Haven’s and Fort Wayne’s laws took effect last week.
Three other Indiana counties, in addition to numerous cities and towns, have adopted similar laws as a stopgap measure until state lawmakers can ban the substance under criminal law.
Sen. Ron Alting, R-Lafayette, said Thursday that he will introduce legislation during the upcoming session, which begins in January, to outlaw the products.
Rep. John Barnes, D-Indianapolis, also hopes to sponsor a bill banning the product.
The Associated Press contributed to this report.
