Council takes new tactic in fight against synthetic drugs

LAWRENCE, Ind. (WISH) - A new call to action is emerging in the wake of an I-Team 8 investigation that showed local retailers once again skirting state laws to sell synthetic drugs, often called bath salts and spice.

Lawrence Common Council member Jeff Coats (R) said it's a new plan with a new approach.

"The problem has been we'll pass a law, and they'll just upgrade the ingredients. And those ingredients will not be on the banned list at the city level or state level," Coats said.

It's a problem Coats has seen before. He helped draft a city ordinance in 2010 that imposed fines on local businesses caught selling chemical compounds banned under state law.

But an I-Team 8 investigation in November 2011 showed local retailers skirting the intent of that law by selling compounds with slightly tweaked chemical content. Our investigation led to a new bill , signed into law in March 2012, that banned more than 60 new chemical compounds.

Coats, and many other lawmakers, thought the problem was solved, so his ordinance was allowed to expire.

But just days after Lawrence Police confiscated more than 400 packets labeled herbal incense from a smoke shop in the 4700 block of Post Road, lab tests showed the chemicals inside the packets were not on the state's list of banned substances.

Lawrence police were left with few options.

"I have to comply with the law - whatever that is," said Lawrence Mayor Dean Jessup (D). "It's easy to become frustrated with that, because this is a frustrating situation."

Coats agreed.

"The idea of having to give it back was extremely frustrating," he said, shaking his head. "It's extremely frustrating."

So, after seeing I-Team 8's investigation last week , Coats had an idea.

"The General Assembly only meets part-time. We meet all year round, so we do have the flexibility to revise our code to keep up with those changes.

“But the downside is we cannot enforce criminal code at the city government level. We can only pass ordinances, which are essentially civil violations.

“Although we're not able to specifically outlaw these drugs and compounds, we can make these finable offenses. And we're looking to fine businesses $2,500 for selling and individuals $1,000 for possession," Coats said.

Asked if that strategy worked before, Coats quickly nodded.

"[Lawrence police] issued a handful of $2,500 fines, and it caused some pain to those businesses, so they stopped selling it," Coats said.

Still, ordinance or not, there's nothing the city can do to stop stores from selling compounds that aren't banned by state law.

But Indiana Attorney General Greg Zoeller said the compounds don't have to be banned in a civil case.

"A lot of these so-called bath salts are sold in retail companies that have licenses," Zoeller said. "So, unlike the criminal case where you have to prove they knowingly and intentionally sold an illegal product, on the civil side, we may be pretty aggressive going after people who have to make sure they're not selling a dangerous product to the population. And I think they have to be careful. It's not the same burden of proof. You have to prove that you're not selling a dangerous product. I don't care what the chemical composition is."

It's a new approach that may already be paying off.

Last week, Indiana State Police raided three southern Indiana smoke shops, taking with them everything from bank records and tax forms to customer lists. According to an ISP spokesperson, the businesses are under investigation for alleged racketeering and financial violations. Prosecutors in Clark and Jefferson Counties said it's not the synthetic drugs themselves but company money they're targeting.

Lawrence Mayor Dean Jessup said that approach may be the best option here too.

"I think that's the only way we have to fight them now," he said. "The only place where you can really hit them and make any headway, I believe, is in the billfold. It forces us to try to be smarter than the criminal. And they need to know we're not going to ignore it. We're going to solve the problem."

Coats said he hopes to ask for a vote on the proposed ordinance at the council's next meeting, set for Aug. 6. He said he'll ask for a suspension of regular rules in an effort to speed up implementation of the new law.