Synthetic marijuana (also called K2 or Spice), is an industrial insulator that causes a high when smoked. For several years it was not illegal and was openly packaged and sold in stores as synthetic “legal” marijuana.

In 2011, the Virginia legislature pass a new law (VA. Code 18.2-248.1:1). This law banned a long list of synthetic compounds used in synthetic marijuana. Prior to the passage of this law, synthetic marijuana was sold openly and legally online and in gas stations in Virginia.

Many people are still ignorant of this law and some still sell synthetic marijuana openly without knowing (or caring) that it has been outlawed.

At this writing, there are currently no field test kits for synthetic marijuana. It is difficult for the police and synthetic marijuana users to know whether a particular form of synthetic marijuana contains one of the now illegal substances. Currently, laboratory testing is the only way to know whether a particular form of synthetic marijuana is illegal. These ambiguities have opened the door to several possible defenses.

The penalties for synthetic marijuana are much more severe than the penalties for possession of real marijuana. First-time possession of synthetic marijuana is a Class 1 misdemeanor with penalties of up to 12 months in jail. PWID synthetic marijuana is a felony that comes with up to five years in prison. There is also a mandatory 6 month driver’s license suspension upon conviction.

Penalties for possession of synthetic marijuana in Virginia