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Changes mulled as synthetic drug sentences cause confusion

WASHINGTON (AP) — The men who sold it called it Mr. Miyagi, a mind-altering chemical compound mixed with vegetable material and resembling marijuana.

It was clear the drug was meant to be smoked for a potent high, notwithstanding the deceptive label that the product was potpourri not fit for human consumption. But less clear was how to punish the people who pushed it.

As drug enforcement authorities sound alarms over the effects and accessibility of synthetic drugs, the Mr. Miyagi case in Louisiana is but one example of how courts are struggling for consistency in dealing with substances that are developing faster than the laws to govern them. The result is a sentencing process that’s often bogged down by complex science and can yield uneven results in courtrooms around the country.

“It’s been a challenge for the courts and for the regulatory agencies to manage and make appropriate, logical decisions relating to these new substances,” said Greg Dudley, a West Virginia University chemistry professor who has testified in synthetic drug cases. “If they’re interpreted differently in different courts, you end up with broad disparities in sentencing for similar offenses.”

Now the federal panel that sets sentencing policy is studying ways for courts to better handle cases involving drugs such as “bath salts,” which can provoke violent outbursts, and the party drug Molly.

The issue matters, given the sustained popularity of synthetic drugs — man-made compounds that mimic more conventional street drugs and hallucinogens and are sold under catchy names in stores and on the internet.

Drug Enforcement Administration officials have repeatedly warned about the products’ harmful effects but say it’s hard to police them. Those who make synthetic drugs can alter their chemical makeup faster than regulators can ban them, and those who sell them can skirt the law through misleading labeling.

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