Ab-Fubinaca Legal Status
On November 23, 2015, Judge Laplante sentenced Kyle, 33, of Seabrook, New Hampshire, to 114 months in prison. Hurley pleaded guilty on February 12, 2015 to conspiracy to distribute controlled substances and possess them with intent to distribute them. Earlier this month, on November 9, 2015, Judge Laplante Sean, 33, of Concord, New Hampshire, sentenced him to 21 months in prison. Nolan pleaded guilty on April 23, 2015 to the distribution of a controlled substance. Court documents show that Hurley and Costello were arrested on March 28, 2014, after arranging to deliver about 74 bags of 15-kilogram synthetic cannabinoids to infiltrated law enforcement officers. The synthetic cannabinoid products contained AB-FUBINACA, an illegal controlled substance. As described in court documents, Hurley and Costello worked together to produce and distribute synthetic cannabinoids sold in packages with various brand names, including « Scooby Snax, » « Bizarro, » « Toxic Blue Magic, » and « Caution Platinum. » These products, which were then sold in convenience stores and other locations, contained chemicals that are illegal controlled substances, including XLR-11 and AB-FUBINACA. Court documents show that Sean helped Nolan Hurley distribute these products. After Hurley and Costello`s arrest, Nolan sold a lot of AB-FUBINACA to an undercover law enforcement officer. Two other people were also charged as a result of this investigation.
Ryan, 32, a resident of the Epping site, pleaded guilty on May 26, 2015, to conspiring to smuggle fake branded drugs into interstate commerce. Johnson`s sentencing date has not yet been set. Tony, 44, of Derry, New Hampshire, has been charged with spreading synthetic cannabinoids. The indictment charges Aoude with distributing a check (AB-FUBINACA), conspiracy to violate the Travel Act and conspiracy to receive mislabeled products, as well as separate violations of the Federal Travel Act and the Federal Misbranding Act. According to the indictment, Aoude sold synthetic cannabinoid products in stores in Londonderry and Hooksett, New Hampshire, in 2013 and 2014. Aoude has pleaded not guilty and is scheduled to stand trial on February 2, 2016. The charges contained in an indictment are only charges. An accused is presumed innocent until proven guilty. As with other SCs, the limited information on the manufacture and trade of ADB-FUBINACA and AMB-FUBINACA is likely due to restrictions on the chemical detection of this type of substance. Nevertheless, the detection of these substances in shipments seized by European national authorities [6] indicates that AMB-FUBINACA and ADB-FUBINACA are mainly synthesized in chemical companies based in China (where these substances are not regulated by law) and are then processed and packaged in the country to which they are shipped.
Traditionally, SC is in the form of a white or sometimes yellowish powder that is dissolved in organic solvents and then sprayed on plant products so that the user can consume it by inhaling the smoke after combustion, in the same way that cannabis herb is smoked in cigarettes [3,29]. Recently, AMB-FUBINACA has also been identified in liquid form, which facilitates consumption through electronic cigarettes and micro-seals, perhaps reflecting the ease of adapting the formulations of these substances to the needs of users [66]. While ADB-FUBINACA has been detected in samples of products labeled as « Black Mamba », « VaperFi », « Freeze » and « Mojo » [4,5,60,67], its analogue AMB-FUBINACA has been detected in products marketed as « AK-47 Carat Gold », « Train Wreck2 » and « Scooby Snax Limited Edition Blueberry Potpourri » consisting of herbal mixtures taken for use in vaporizers, e-cigarettes, inhalers or even oral cigarettes [29,40, 49]. In addition, there are dozens of other street names for non-specific SC supplements, such as « K2 », « K2XXX », « hardly legal », « iBlaze », « spice », « herbal incense », « Kush » and « zombie », which contain one or more unidentified SC, including AMB-FUBINACA or ADB-FUBINACA [7]. In 2017, the DEA recognized ADB-FUBINACA and AMB-FUBINACA as significantly unsafe and issued an advance statement classifying these drugs as Schedule I of the Controlled Substances Act to limit the immediate risk to public safety. This has led to the application of regulatory controls and administrative, civil and criminal sanctions against anyone who has manipulated or proposed these SCs [71,72,73]. In 2020, after evaluating clinical and scientific data and considering the recommendations of the U.S. Department of Health and Human Services, the DEA determined that AMB-FUBINACA and ADB-FUBINACA should be permanently classified as controlled substances [75,76]. These drugs are also prohibited in Canada, where they are classified as narcotics under the Canadian Controlled Substances and Drugs Act, which means that the possession and trafficking of AMB-FUBINACA and ADB-FUBINACA can be legally punishable by up to five years in prison and their manufacture or export can be punishable by life imprisonment [77,78]. In 2017, Health Canada warned Canadians against the illegal sale of certain products containing HC in facilities legally licensed to market cannabis and cannabis-derived products in Edmonton [78].
The AMB-FUBINACA regulations are also reviewed by the New Zealand Ministry of Health. This Regulation complies with the applicable standards set out in sections 3 (a) and 3 (b) (2) of Presidential Decree 12988 in order to eliminate editorial errors and ambiguities, minimize litigation, establish a clear legal standard for the conduct concerned and promote the simplification and reduction of administrative burdens. This table of contents is a navigation tool that is processed from the headers in the legal text of the documents in the federal register. This repetition of titles to internal navigation links has no material legal effect. The administrator of the Drug Enforcement Administration issues this final order to extend the temporary status of four synthetic cannabinoids on List I under the temporary planning provisions of the Controlled Substances Act. The substances are: quinoline-8-yl-1-pentyl-1-H-indole-3-carboxylate (PB-22; QUPIC); quinoline-8-yl1-(5-fluoropentyl)-1 H-indole-3-carboxylate (5-fluoro-PB-22; 5F-PB-22); N-(1-amino-3-methyl-1-oxobutane-2-yl)-1-(4-fluorobenzyl)-1 H-indazol-3-carboxamide (AB-FUBINACA); and N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1-H-indazol-3-carboxamide (ADB-PINACA), including their optical, positional and geometric isomer isomer isomers, salts and salts.