ILNews

Aromatherapy distributors challenge new 'look-alike' synthetic drug law

Back to TopCommentsE-mailPrintBookmark and Share

Four companies that sell novelty items, aromatherapy products and other items have filed a lawsuit against Indiana’s prosecutors, alleging a newly enacted law that makes it illegal to possess or deal “look-alike” synthetic drugs is unconstitutional.

The companies, located around the state, claim the new law – Senate Enrolled Act 536, which took effect May 7 – could lead a reasonable person to include cigarettes, potpourri or catnip under the synthetic drug look-alike substance definition.

Sen. Jim Merritt (R-Indianapolis) authored the bill that tightened the state’s ban on synthetic drugs and closed a loophole in the previous drug ban by making it illegal to make, distribute or possess synthetic drug look-alike substances.

Even before this law took effect, the plaintiffs say they were subjected to search and seizures by law enforcement, according to the lawsuit filed Wednesday in the Indianapolis Division of the Southern District of Indiana. After the statute was enacted, plaintiff Little Arm Inc. had products taken by the Indiana State Excise Police claiming that they were a look-alike substance.

“Plaintiffs have suffered a significant loss of revenue and goodwill in their respective communities as a result of Defendants’ actions and will continue to suffer those losses as long as Defendants persist in targeting Plaintiffs’ lawful business activities with baseless accusations, threats and/or intimidation through media statements and harassment of Plaintiffs’ customers and/or vendors,” the suit says.

The plaintiffs deny that their aromatherapy products contain synthetic drugs. They allege the new law is unconstitutional because it violates due process under the 14th Amendment, the equal protection clause in Article 1, Sections 23, and constitutes a regulatory taking of property in violation of the Fifth Amendment and Article 1, Section 21 of the state Constitution.

The companies seek a preliminary and permanent injunction preventing enforcement of the new law.

Indiana Attorney General Greg Zoeller said Wednesday his office will defend the legislators’ public policy decision that “the Indiana Code ought not be circumvented by peddlers of synthetic drugs who try to exploit loopholes in order to profit from the sale of potentially dangerous substances.”

The case is Little Arm Inc., et al. v. Prosecutors, et al., 1:13-CV-862.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  2. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  3. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  4. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  5. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

ADVERTISEMENT