Recently, there has been a good deal of publicity and talk about “bath salts.”  “Bath salts” is just a name that has been given to a variety of drugs and compounds, which, under relatively new Ohio laws, are called analogs.

            Analogs are now illegal to possess and sell or distribute in Ohio.

            Essentially, under the law in Ohio, an illegal analog substance is one that is substantially similar in chemical composition to a Schedule I or Schedule II controlled substance.  Also, to be illegal, there must be proof that such substance has a substantially similar effect on the central nervous system as a Schedule I or II controlled substance.

            Therefore, in order to be convicted of possessing or selling these substances, the prosecution has to prove both that it is substantially similar to a Schedule I or II controlled substance and that it has a similar pharmacological effect, or that it is held out as having a similar pharmacological effect as a Schedule I or II controlled substance.

            These analogs are frequently seen and offered for sale in gas stations, “head” shops and small stores.  They are sometimes represented to be good luck powders or potpourri.  The packaging is usually stamped with a notice that they are “not intended for human consumption.”

            These analog drugs can be very dangerous when consumed and the prosecution of individuals involved in the distribution of these chemicals can result in lengthy sentences.  Since the Ohio laws are relatively recently enacted, we expect to see an increase in the prosecution of these cases.

            Defending against the prosecution involving these cases will be the subject of a future blog.