COUNTY BAN ON K2 WOULD NOT EXTEND TO RURAL AREAS

FORT WAYNE - The Allen County commissioners could ban the sale of
synthetic marijuana this week, but possession of the substance would
still be legal in the county.

The commissioners on Monday briefly discussed banning the product,
commonly sold as incense under names such as K2 or Spice. Authorities
say most buyers smoke it to get a marijuana-like high.

Commissioner Nelson Peters said a countywide ban would at least be
discussed this week and a vote is possible. Fort Wayne and New Haven
councils banned sales and possession of the product last week.

Peters said the county doesn't have the authority to ban possession of
the substance because it is not regulated. He said this means that
while the ban would make it illegal to sell the product, it would
still be legal to own in rural areas of the county.

The Fort Wayne ban took effect Monday, and the city's vice and
narcotics unit searched a dozen stores for the substance but did not
find any, according to officer Raquel Foster, Fort Wayne police
spokeswoman. She said no fines have been levied.

The city ban carries a penalty of up to $2,500 for possession or sales
of the substance; Peters said the county ban would be similar. The
commissioners did not release a draft of the proposal because it was
still being edited by the county attorney.

The county proposal would cover the entire county, but municipalities
could create stronger local bans, Peters said. Communities would not
be permitted to opt out of the ban to allow K2 sales.

Dr. Deborah McMahan, Allen County health commissioner, has previously
said the substance should be treated like marijuana, although she
would not specifically say it should be banned.

Several state legislators have discussed banning the product across
Indiana. The Fort Wayne ban expires next summer to give the council
time to see whether it has been effective and whether the state takes
action.