Spice now illegal at the federal level Published March 24, 2011 By Capt. Andrew Halldin 90th Missile Wing Judge Advocate F. E. WARREN AIR FORCE BASE, Wyo. -- Spice is a hot topic in the Air Force, creating problems for the last couple of years. Though some states criminalized spice illegal, many states have not leading to widespread availability of what can be a very dangerous product. The United States Drug Enforcement Agency made spice illegal on a federal level. In response to this new concern, many drug testing labs are now able to test for spice use. To help in understanding this new law, people need to understand what spice is. Spice is composed of a burnable material, normally a plant such as a dried herb, which is then combined with a synthetic chemical designed to be similar to tetrahydrocannabinol, the psychoactive component of marijuana. Because these components are made by chemists in a lab, there are many different chemicals that can be added to spice which produce this intoxicating effect. Like the diversity of the chemicals spice contains, there are many different brand names spice is marketed under from dozens of different manufacturers. The primary danger of spice is the unpredictable effects of the products. Spice packages are normally labeled "not for human consumption" in order to avoid government regulation. This means the contents of the different brands of spice are not standardized or adequately tested on people like other drugs and foods are. The Air Force made spice illegal for all its servicemenbers in June 2010, and many organizations within Air Force Global Strike Command including the 90th Missile Wing, prohibited spice use before that time. Spice is no longer illegal for only military members. Civilians can now be prosecuted under federal and state laws for possessing or distributing spice. Civilians who possess or distribute spice on F. E. Warren Air Force Base are prosecuted in the federal court system by the U.S. Attorney for the District of Wyoming. In addition to the risk of criminal prosecution, DEA reports have linked spice use to symptoms such as heart palpitations, respiratory complications, vomiting, delusions, hallucinations, elevated blood pressure and panic attacks. With the content of spice products varying so widely, users can never be sure what they are using or how it will affect them. In order to enforce these new laws, many toxicology labs, such as the Armed Forces Institute of Pathology, have developed urine tests for the chemical components of spice. The DEA changed the law by adding the chemicals found in spice to Schedule 1 of the Controlled Substances Act. The Controlled Substances Act is a federal law that organizes controlled drugs into categories known as schedules. Schedule 1 of the act includes drugs that have a high risk for abuse and for which there is no recognized medical use. The drugs found in Schedule 1 can never be prescribed and are always illegal. Many states and the Uniform Code of Military Justice use the current schedule of the Controlled Substances Act to determine what drugs are illegal. Schedule 1 also includes heroin, LSD, and crystal methamphetamine. Military members found using, possessing or distributing of spice may be charged under Article 112a of the UCMJ as a federal drug crime with a penalty of up to five years in jail and a dishonorable discharge. Additionally, military members who possess or distribute spice may also face severe criminal action under state laws or federally by the Department of Justice. In addition, discharge processing is mandatory for military members who use drugs, including spice. In addition to never having been tested, spice manufactures do not label their products to inform the consumer what chemicals are actually in the product, making it a gamble with every package of spice as to what the user is actually taking. A brand that had no dangerous effects on an earlier occasion, may have an entirely new and dangerous component now. As the dangers of spice become clearer to commanders and law enforcement, official scrutiny of spice continues to grow. Likewise, smart Airmen know spice is dangerous to their health, their career and may land them in jail. Using spice just isn't worth it.