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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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