The Phillips & Associates Oklahoma Law Blog


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By Dustin Phillips on
February 5, 2013
December 31, 2019

The Oklahoma Drug Task Force seized approximately 3,000 packets of K2, a synthetic marijuana, from a Grand Lake convenience store in Delaware County.

District 13 Drug and Violent Crimes Task Force Investigator Mike Eason says that investigation of the Gitter Done convenience store in Grove, Oklahoma, was prompted by three hospitalizations in one month associated with use of the substance, marketed as botanical incense. Eason told reporters, "We finally got verification that there are components in the incense that are illegal, constituting it as a controlled substance. This is synthetic marijuana and has far worse effects than natural marijuana." He said that the Task Force, which represents Delaware and Ottawa Counties, received complaints of vomiting, convulsions, and heart attacks associated with use of synthetic marijuana.

After a clerk at Gitter Done sold incense containing the banned substance to an undercover officer, investigators obtained a search warrant and closed the store as they served the warrant last Thursday. They seized 3,000 packets of "incense" and "potpourri" containing K2, and at press time, had not yet concluded their search of the premises.

Under earlier state drug laws, many synthetic substances, including K2, were legal if they were sold as potpourri or incense and marketed "not for human consumption." However, effective November 1, 2012, legislation took effect that banned the sale of K2 and other synthetic drugs, regardless of package labeling.

According to Investigator Easmon, store owners were notified of the new law on November 1, and they agreed to cease the sale of "potpourri" and "incense," including one called Diablo, until lab tests indicated whether or not the products contained the banned substance. However, Easmon says, the Task Force was notified on January 2, 2013, that Gitter Done was once again selling the product.

The "incense" containing synthetic marijuana sells for nearly $40 for three grams, and it is said to be up to ten times more powerful than marijuana. Prior to November 1, certain paraphernalia and synthetic drugs were legal for sale and possession if their intended use was not for human consumption. However, because of the dangers of synthetic drugs, their sale and possession is now prohibited, and substances and devices once available for legal sale at convenience stores, tobacco stores, and "head shops," are now illegal.

If you have been arrested for possession or sale of a synthetic drug you thought was legal, or if you have been arrested for possession of drug paraphernalia for a purchase made at a retail store, contact an experienced defense attorney for help. To schedule your free consultation with an Oklahoma drug defense lawyer, submit the confidential case review form at


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