Spice case dismissed Since there has been a great deal of discussion about Spice, I want to share my experience about a recent Spice case at Camp Lejeune. My client was charged with Art 92 for violating a lawful general order to wit: SECNAVINST 5300.28D. My client was adamant about contesting the case. After reviewing the SECNAVINST, I called USACIL for clarification on Spice. I spoke with multiple drug lab chemists that had the same opinion. I asked them if Spice could be classified as a designer drug, natural substance, chemical, propellant, prescribed drug, over-the-counter drug, or pharmaceutical compound. The answer was no except for chemical. However, they said their definition of chemical is extremely broad and that it would include everything with a molecule, i.e. water. There opinion was that it should be classified as a synthetic. The reason it is not a designer drug is that it does not meet the two-prong test: 1) structurally similar and 2) similar effects. It is not a prescribed drug, over-the-counter drug, or pharmaceutical compound because it is not approved by the FDA. It is not natural because it is synthetic, and it is just not a propellant. With that information in mind, I talked to the TC about the case and that I would request an expert witness for a single spec "Spice" case. After discussing this information with the convening authority and the cost of the trial, they agreed to withdraw and dismiss the case. I do not know how strong my case would have been at trial, but it was enough to convince the TC and CA to dismiss it. Also, I am curious to find out if anyone has contested a Spice case and what the results were. Capt Austin Lowe Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error.
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