Auburn, NY – Cayuga County is in the early stages of writing a law that would make synthetic drugs, such as bath salts or synthetic marijuana, illegal based on how they’re used.

The approach is an unusual way of tackling a sticky problem.

Until now, lawmakers tried to tackle the synthetic drug epidemic by writing laws banning substances that contain specific chemical compounds.

The trouble is the laws can't keep up, say experts on the bath salts drug epidemic.

Every time a law is written banning a synthetic drug’s chemical compound, the makers tweak the formula. They can then sell it legally until legislators write another law banning the new compound. And around it goes. New law, new tweak.

"The problem with bath salts and synthetic marijuana is that they (the manufacturers) can change the formula easily," said Cayuga County District Attorney Jon Budelmann. "You're chasing a ghost."



The district attorney said the law he proposes goes after the circumstances under which the synthetic drugs are sold. The proposed law has not yet been presented to the full county legislature.



Synthetic drugs are created with chemical compounds that mimic the highs produced by marijuana or other controlled substances. The drugs are made in China and sold in the U.S. with labels calling them potpourri, bath salts, glass cleaner, plant food or fish food.

Budelmann's proposed law would make it illegal to sell a substance that if ingested mimics the high produced by marijuana or a controlled substance, is chemically similar to those compounds, and "has no other legitimate commercial or private use or purpose."



To be illegal, the substance has to be sold with the intent for it to be used as a drug, and has no other legitimate purpose, he said.

It would be illegal to sell some thing labeled “bath salts”, for example, if it make you high when ingested, and it was obvious you couldn’t pour the substance in a bathtub to make the water smell good or your skin soft.

“You don’t normally ingest Epsom salts,” Budelmann said. “If it’s mislabeled it can be confiscated.”

A state law enacted last year bans two chemicals used in the fake drugs. A Utica law enacted earlier this month bans seven. Both also ban chemicals that are structurally similar to marijuana or other controlled substances.



A new federal law bans synthetic drugs that resemble illegal ones, and that have the same effect on users.

Cayuga County's proposed law making it a misdemeanor to sell or possess the banned drugs cuts through the problem communities have with ever-changing compounds, said Auburn Police Chief Gary Giannotta, who is retiring Tuesday.



"We were looking for a more generic version," he said, praising the proposed law.

The state attorney general has attacked the problem by getting the drugs off the shelves through the civil courts, Budelmann said. That means sellers could pay a fine, which then becomes the cost of doing business if they continued to sell the fake drugs, he said.

The deterrent is greater if prison time is involved, Budelmann said.

“By criminalizing this stuff we’re hoping to drive it out,” he said.