photo: smokershighlife

The Timberline Smoke Shop in Logan, Utah sells spice. The store was recently targeted by the joint Cache-Rich County Drug Task Force for this legal sale of spice. A clerk from the store was arrested for violating the “Abuse of psychotic chemical solvents” law in Utah (76-10-107).  The law states, “(1) A person is guilty of abuse of psychotoxic chemical solvents if: (a) for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, he intentionally . . .  (b) the person offers, sells, or provides a psychotoxic chemical solvent to another person, knowing that other person or a third party intends to possess or use that psychotoxic chemical solvent in violation of Subsection (1)(a).” There are two big problems with this charge. First, Spice is not necessarily illegal in the large majority of the United States, including Utah. Second, the store only sells spice as incense, as most stores that offer spice do. If this store was guilty of the previously stated charge, then why are stores like Wal-Mart not charged with knowingly selling items such glue and paint thinner to young children, items often huffed to become high. More information about the Logan charges can be found in The Herald Journal. If you find yourself facing drug charges, especially those involving substances that are not strictly illegal it is essential that you hire a criminal defense attorney that knows how to handle vaguely stated and used drug laws.