Federal Ban on Herbal Incense related Chemicals – The FACTS

The effective date of the Federal DEA Ban on Herbal Incense – related chemicals should have been December 24, 2010, AND OFFICIALLY WENT INTO EFFECT March 1, 2011.

The Latest News Regarding the Federal Temporary ban on certain chemicals related to Herbal Incense
has sparked a lot of sensationalism that has triggered rampant misinformation. Seems everyone is concerned about the DEA ban on herbal incense and are trying to find out what herbal incense is still legal. We have seen countless online articles from news agencies broadly claiming that the Federal Government‘s Drug Enforcement Administration (DEA) has issued a temporary one year ban on ALL Herbal Incense Products. We’re here to tell you that There is no Federal Herbal Incense Ban.

The truth is that the DEA ban only affects 5 chemicals commonly associated with Herbal Incense Products – JWH-018, JWH-073, JWH-200, CP-47,497, and cannabicyclohexanol… That’s IT.

You can see a copy of the Official Notice of Intent that the DEA filed and recorded in the Federal Register here (this original included a reference to a 6th chemical AM-678, but has since been removed from the DEA’s scope).

Also, not to promote the competition, but when it comes to American Free Market Rights, we have to let you know that K2 is NOT banned either. While this measure will temporarily “thin out the herd” of part-time micro-herbal incense producers, this ban will have NO EFFECT on Reputable Herbal Incense Manufacturers, like ourselves. Let’s just say that “We The People” may have finallyfigured out a way to perpetuate what little of the American free market we have left.

We look forward to providing fans of Liberty with a safe and effective Herbal Incense choice for many years to come! However…

… There are a few things about this Federal temporary ban that you need to know…

  • photo - Michele LeonhartWho is Really Behind the Federal Ban on Herbal -Incense Related Chemicals? 
    This initiative was created out of thin air and put in motion, not by elected officials, but APPOINTED Officials. Michele Leonhart, the Newly appointed DEA Deputy Administrator (seen at right) launched the initiative under the guise of avoiding an “imminent hazard to the public safety”.

  • Why did the DEA place a temporary ban on just SOME Herbal Incense related Chemicals?
    You got us there. It makes no sense to us either. However, one can speculate that this whole endeavor is just another way to justify the DEA’s $2.2 billion annual budget. After all, the DEA has over 9,000 employees across the U.S. and in 83 foreign offices to feed.

  • What gives them the power to do this? The Comprehensive Crime Control Act of 1984 (Pub. L. 98-473), which was signed into law on October 12, 1984, amended section 201 of the Controlled Substances Act (CSA) (21 U.S.C. 811) to give the Attorney General the authority to temporarily place a substance into Schedule I of the CSA for one year (and extend it for an additional six months at their discretion) without regard to the requirements of 21 U.S.C. 811(b) if he finds that such action is necessary to avoid imminent hazard to the public safety.

    Another weird thing is that the DEA is NOT supposed to have the authority to do this on their own (under the Executive Branch, the DEA is supposed toenforce laws, not make them ). But, for some reason, Barack Obama’s US Attorney, “passed on his powers” granted to him through the so-called Comprehensive Crime Control Act of 1984 TO the DEA. Is that even legal?

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