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Store owner’s ‘Spice law’ prosecution may proceed, COA rules

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The state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative authority to the Board of Pharmacy.

In 2011, the Legislature outlawed possession of synthetic cannabinoids commonly known as Spice or K2, and in 2012 it expanded the list to include synthetic drugs including AM-2201. The statute is I.C. 35-31.5-2-321, and the law took effect March 15, 2012.

Between March 21 and 26, 2012, undercover detectives from the Hamilton/Boone County Drug Task force made multiple purchases of substances containing AM-2201 from Love Jeet Kaur and Kamal Jit Singh, the owners of a Valero gas station in Noblesville. In May 2011, Kaur was charged with Class D felony dealing in a synthetic cannabinoid, Class D felony possession of a synthetic cannabinoid, and Class D felony maintaining a common nuisance.

Kaur moved to dismiss the charges, which the trial court denied and Court of Appeals on Monday affirmed in Love Jeet Kaur v. State of Indiana, 29A05-1208-CR-424.
 
“Because we conclude that the charging information and probable cause affidavit were sufficient to place Kaur on notice, the Synthetic Drug Law is not vague as applied to Kaur, and the Synthetic Drug Law does not represent an unconstitutional delegation of legislative power as applied to Kaur, we affirm the trial court’s denial of Kaur’s motion to dismiss,” Judge Cale Bradford wrote for the panel.



 

 

 

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  1. Here an atheist worries about the Indiana rules, when the real and demonstrated problems are (1) anti-Christian bias and (2) a refusal to follow their own rules as to the Indiana Board of Law Examiners! Such sweet, sweet irony! See, e.g. https://www.scribd.com/doc/299040062/Brown-ind-Bar-memo-Pet-cert and https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  2. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  3. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  4. Jeste?my najlepszym Kancelaria w Olkuszu. Odwied? nas na prawnika (adwokat) do wynaj?cia w Chrzanowie, Wadowicach i Olkuszu. Lokalny prawnik lub adwokat do wynaj?cia. adwokat wadowice

  5. Thanks for this article. We live in Evansville, IN and are aware of how bad the child abuse is here. Can you please send us the statistics for here in Vanderburgh, County. Our web site is: www.ritualabusefree.org Thanks again

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