SALT LAKE CITY -- Spice isn't so nice, says a legislative advisory committee, so a Weber County lawmaker will take up the call later this month to ban the herbal concoction statewide.
But a decision on how burning the bud, or even possessing it, will be penalized has yet to be finalized.
Rep. Gage Froerer, R-Huntsville, will unroll his plan to ban spice -- a combination of herbs and a synthetic variation of a component in marijuana -- at a Utah interim legislative session on Nov. 17.
Froerer's plan will come on the day the advisory committee officially delivers its verdict to lawmakers on what to do about spice, currently sold as an incense but used by some people as a recreational drug.
The Controlled Substances Advisory Committee met Thursday and agreed to suggest to the Legislature that it create a new controlled substance list and put spice on it.
Dr. David Sundwall, the Utah Department of Health director who is chairman of the advisory committee, made it clear the complaints are many about spice but the health issues are not well understood.
"I don't see it as a public health problem in our state," Sundwall said.
Yet, Sundwall and the committee agreed the potential for abuse of spice is present. Some in law enforcement say legislative action couldn't come any quicker.
Sgt. Scott VanWagoner of the Unified Police Department told the committee his department is aware of a spice production lab in Salt Lake County.
UPD also believes the producers are stocking up to prepare for the possibility of it becoming illegal.
"We believe they are engaging in buying a large amount of plant material," VanWagoner said.
Other law enforcement members of the committee said the marijuana-like effect of spice is being seen in arrests and at local hospitals.
The advisory committee originated from legislation presented earlier this year by Rep. Paul Ray, of Clinton. The legislation considered cracking down on the use of two unregulated herbal preparations, Salvia divinorum and spice, both of which give some people a marijuana-like high when smoked.
The committee, with various chemical and health expert members from around the state, researched the product for the last six months.
But the committee decided against suggesting what penalties be put into place, despite spice's similarity to marijuana.
Spice, also known as K2, Black Mamba and various other names, is known to include a synthetic cannabinoid in many variations that does not show up on regular drug tests.
This year, some government entities, including several cities in the Top of Utah, have made possession of spice a class B misdemeanor, similar to marijuana.
While the committee met, legislation was drafted to correspond with the committee's work.
Froerer said he will use that legislation as basis for his bill. Other lawmakers are working on similar bills.
But what penalties he will make and what other changes he will suggest are still to be considered as Froerer prepares for the interim meeting.
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