Category Archives: HR 1254

Operation Logjam – Confusion, Chaos

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Operation Logjam commenced last week on Wednesday, a coordinated effort to seriously cripple the herbal incense industry. The DEA, Homeland Security, the Postal Inspection Service, and other federal and state agencies worked together nationwide to curtail sales and purchase of herbal incense and bath salts in communities they felt were most impacted by the explosion of interest in these products.

Although we weren’t raided, thank God, we were confused by the raids. We’re familiar with some of the businesses that were raided, and as far as we knew, these businesses ran a clean operation, making sure they complied with the new Federal law. We definitely wouldn’t do business with them otherwise. Operation Logjam likely resulted in the confiscation of products that are currently legal under the new Federal Ban.

Federal Herbal Incense Ban Not Effective Till October 1?

We doubt it. We have seen stories stating that the new Federal Ban won’t go into effect until October 1. Although that is possible, our information says that the October 1 date is not factual, and we definitely will choose to err on the side of caution every time.

Emergency Scheduling Powers Being Used?

The Federal Ban granted new emergency scheduling powers to the DEA. Now we are hearing rumors that the DEA is using these new powers to schedule more compounds. We understand that information will come out on Monday as to the truth of that rumor. We will be sure to stay on top of this and make sure our product line is fully compliant.

If this rumor turns out to be true, then the DEA will not need to return the products that were currently legal even under the new Federal ban. That will not be a change from the standard anyway. Those next-generation products would then become illegal. Herbalaxation will make sure we are compliant with any revised schedule, immediately, by removing mention of any non-compliant products from our site and then destroying any non-compliant products before any such scheduling becomes effective.

Were Some Logjam Targets Selling Non-Compliant Products?

We have also heard that some businesses raided as part of Operation Logjam were selling old products that, under the new Federal ban, contain schedule I controlled substances. We suspect that Operation Logjam may have primarily targeted bath salts and manufacturers of bath salts, which of course we do not carry. If a business was continuing to sell products it knew was illegal, clearly, they put themselves at risk.

The DEA’s stated purpose in conducting Operation Logjam, though, was to seriously cripple the industry. We must say that they may have succeeded in doing so, by taking down several large manufacturers that were viewed as making quality products that sellers could be confident were also legal. It is now unclear what direction the herbal incense industry will go next.

We learned today that the DEA will prosecute some Logjam targets through the Federal Analog Law, which makes illegal any substances either chemically or pharmacologically similar to a schedule I controlled substance. Herbalaxation believes that our products are not covered under the Analog law. We do not believe our products contain any substances chemically or pharmacologically similar to any schedule I controlled substance, or we would not be selling it.

Herbalaxation will continue to keep our customers informed of any new developments we become aware of. We are careful to avoid selling anything we believe may be illegal and we will continue to do so. We believe it’s important to run our business using best practices utilized for any business, and we’ll keep doing that, providing legal products to our customers with good customer service and honest business transactions.

Schumer to Have HR 1254, Synthetic Drug Control Act of 2011, on President’s Desk by July 4

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Well this is a bit ironic, eh?

In the New York Daily News article regarding the deceitful (that’s my own editorialization, but I can do that, I’m only writing a blog ) passage of the national herbal incense ban, the writer stated that Senator Schumer hopes to have the federal herbal incense ban on the President’s desk for signature by July 4.

Herbalaxation will be totally federally compliant before that date. More details will follow as we get closer to the 4th.

Have a great weekend, everyone. :)

National Herbal Incense Ban HR 1254 Really Did Pass; Mainstream Media Reports

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So we’ve been getting flack from some people who think that perhaps we dreamed up the sneaky passage of HR 1254 on the back of an FDA bill.

Well, the news is now being reported in the mainstream media, soooooo no more flack, ok? Learn more here.

Just in case you’re not too crazy about clicking on another link, I have quoted the New York Daily News for you:

The U.S. Senate passed a ban on the sale of potentially deadly synthetic pot after the rogue lawmaker who held it up for months was outfoxed by New York’s Chuck Schumer.
Kentucky Republican Rand Paul, a libertarian, used a filibuster to stymie a federal crackdown on the drug known as “potpourri or “herbal incense” — the subject of a Daily News investigation into its dangers.
Fearing that more young people could be harmed while Paul dug in his heels, Schumer made an end-run around Paul and tacked the ban onto a larger Food and Drug Administration bill.

Not enough? Why not go ahead and email the author of the editorialized story? Here’s a link. Now you can check it for yourself. According to the New York Daily News,

The big bill passed 96-1 on Thursday — and even Paul didn’t vote against it.

That’s not surprising. He didn’t know what he was voting for.

Did I say heavily editorialized? Why, yes, I did. The reason why — branding Senator Rand Paul as a “rogue lawmaker”? Visions of men in tights dance in my head. Paul’s objections to this bill are completely valid – the penalties are ridiculously harsh and not only that, everyone knows this legislation will indeed impede scientific research. Considering that some synthetic cannabinoids have lately been discovered to be beneficial to Multiple Schlerosis patients, halting the disease’s progress, this move seems ill-considered.

Meanwhile, our customers continue to enjoy cheap herbal incense prices on all products that may not be compliant with the Federal Ban. Remember, though, even if you buy the product before the ban is signed, that sales receipt won’t make the goods legal if you still have them after the ban, so therefore, we do not recommend keeping any product made illegal under the Fed ban after its effective date. Just shed your tears and move on.

Some manufacturers and large distributors have been saying that being under the auspices of the FDA may be in the industry’s favor, but I’m not really sure about that. One reason we’re not sure is because some manufacturers being pursued by Homeland Security have been told that that agency’s aim is to “bring the whole industry down”.

Federal Herbal Incense Ban Passes Senate on Back of FDA Bill

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The Synthetic Drug Control Act of 2011

will be effective 48 hours from the President’s signature.

Now the question is when will it be signed? We have heard two or three answers.

Some industry insiders and lobbyists believe it won’t be signed until around July 4th.

Other industry experts, mainly attorneys, caution against too much optimism. Lawmakers may pressure the President to sign the legislation right away. Or the new law could be signed in two weeks.

The bottom line in this – we do not know when it will be signed. The situation calls for extremely close monitoring and that is exactly what we will be doing.

On the back of an FDA bill? What?

Yes, it sounds quite odd. Yet this is way of things in Washington, DC. Apparently, tacking one bill onto the back of another is a way of quietly getting legislation passed without too much debate or red tape. Of course, this clearly borders on deceit, but we are talking about politicians here, so could we expect any less?

In response to passage of this legislation, Herbalaxation is having a fire sale. Right now you can get top shelf herbal incense and herbal blends at 30% off. As the situation develops, the discounts will likely get steeper, but there is only a limited amount of stock, so it is best to act as soon as you can.

Here is a quote from a major manufacturer:

May 24, 2012 — HR 1254, The “Synthetic Drug Control Act of 2011’ has passed the Senate inspite of Senator Rand Pauls’ (R) KY, formal objection. Pauls’ Objection was based on the penalties included in the bill, he believes the penalties were too tough, according to Pauls’ spokesperson. The bill was quietly attached to a FDA Regulatory Bill according to Senator Chuck Shumers’ Office.
It is very likely no Senators really knew they were voting on this measure as it was hidden within the larger bill. This is a common practice for small bills that are controversial. The tactic is used to gain passage without drawing a great deal of attention.
In addition to the Cannabinoid Compounds, there were a number of compounds that are in so called “bath salt” products even more compounds like “2C1″ that are strong hallucinogenic compounds that are also now banned.

The bill is to be signed immediately after passage by President obama, so it is essentially in effect now.

Tags: National herbal incense ban, HR 1254, is herbal incense legal, Synthetic Drug Control Act of 2011