Criminology 101: The Legality of Bath Salts, “I Thought They Legally Sold Them?”
There has been increased awareness of the use of so called “bath salts” as a legal alternative to other drugs such as cocaine or methamphetamine. Aside from the dangerous health consequences, users should be aware that ingesting bath salts is illegal and they can be arrested or cited for such use.
The most common scenario involving bath salt use is with regard to probationers. A person on probation is subject to various terms and conditions of probation including a prohibition against the use of controlled substances. Then they see bath salts sold legally at “smoke shops,” they hear through the grapevine the effects are similar to cocaine and they buy it. Their probation officer doing a home check finds evidence of such use and confronts them. Hey, it’s legal right? They admit use and are placed in jail pending revocation and a trip to prison.
What went wrong?
Ingesting bath salts is illegal. Bath salts are not for human consumption and will violate the terms and conditions of probation or parole as quick as using cocaine or meth (the side effects may be even worse). Because use is illegal, pipes to invest it are paraphernalia and are illegal too.
Additionally, some agencies are starting to cite or arrest for possession of a dangerous drug not to be introduced into interstate commerce, NRS 453.351, a catch-all for drugs not scheduled as controlled substances. While the merits of such arrests or citations are debatable, the charge on you record is not. On a background check, an arrest or citation for possession of a dangerous drug not to be introduced into interstate commerce looms as if you possessed a scheduled controlled substance.
Before even considering ingesting something as dangerous as “bath salts,” consider the effect it could have on your probation, parole or your record.
If you are charged with anything relating to the use or possession of bath salts, please contact Attorney Greg Knapp prior to accepting any “deal” by a prosecutor.