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

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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.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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