Bryan and College Station's city councils this week will consider banning K2, a substance that officials say has marijuana-like effects and, as a matter of public safety, must face similar restrictions.
Opponents of a ban, such as managers of local smoke shops, view it as an issue involving freedom -- why target one potentially harmful legal substance while not others like alcohol or tobacco, they ask -- and urge for more data before decisions are made.
"We feel they are making their judgments based on emotion, not fact," said Harmandeep Chahal, a manager with Fatty's Distributors, which provides products, including K2, to Fatty's Smoke Shop on Texas Avenue. He said people under age 18 aren't allowed in the shop. "I feel they should wait for a statewide decision, when there actually will be facts involved."
One such statewide effort is originating from State Rep. Fred Brown, a Republican from Bryan who plans to introduce legislation this upcoming session that would treat "marijuana knockoffs" like K2 and salvia like the illegal drug marijuana. Still, Brown said, he supports bans in the cities, because the Legislature doesn't meet until January.
The Bryan City Council will consider a ban Tuesday, while College Station's will discuss it Thursday. The measures appear to have the support to pass, bolstered by approval from local law enforcement. The ban also includes salvia, a hallucinogenic drug.
College Station Mayor Nancy Berry said she plans to support the restrictions.
"We're concerned like anyone else about public safety," Berry said. "We wanted to be proactive."
College Station Councilman Jess Fields, a Texas A&M senior, said he wasn't sure how he'll vote, saying the issue is more complicated than it appears. A ban, he said, could create a black market for the substance.
"There's no drug available more at the high school level than marijuana -- ask any high school student," said Fields, who owns Texas Avenue Cigars. "My question is, 'Does the need to ban this substance outweigh the consequences of not banning this substance? It's a tough vote. Most people are going to vote in the way they feel will meet the least resistance."
Chuck Konderla, a Bryan councilman, said some regulation is necessary since K2 is a mind-altering substance with marijuana-like effects.
"I'll be looking at it as, 'Why shouldn't I ban it?' instead of 'Why should I ban it?'"
Bryan attorney Philip C. Banks, who represents Bryan headshop Smoken' Joe's, said his initial main concern was that an accompanying ban on paraphernalia would prohibit the sale of pipes, a major part of his client's business. He said he received clarification from the city that the item is illegal only if an illegal substance is used or intended to be used with it.
"To be real candid with you, my client has made a nice profit off of selling spice, or K2, or whatever it's called," Banks said. "So they would obviously prefer they not ban that because it's an economic benefit. But he understands the political reality of the situation. The political reality is that politicians or people who run for public office cannot afford to be perceived to be soft on drugs."
He added: "Even if the city didn't ban it, the state Legislature is almost certainly going to ban it the next time they meet."
States and cities nationwide have prohibited the marijuana substitute, which has been around for several years but grew significantly in popularity over the last year. One such state is Georgia, whose legislature decided in May.
Gaylord Lopez, director of the Georgia Poison Center, acknowledged that there is limited information on K2, but he cited that as the key reason it should be banned. He said the center since the beginning of the year has received more than 50 calls from emergency rooms following use of the drug, and has seen cases of people vomiting, having seizures and excessive heartrates and blood pressures. It's all relatively new territory and needs more study, he said.
"We've been on a steep learning curve," he said.
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