Legal Herb Vendor in Tokyo Area Arrested for Admitting Herbs are for Smoking

slimvictor

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I don't have time to translate this article fully, but it basically says that a man selling legal herbs in the Tokyo area was arrested because he did not pretend that his herbs were incense. Instead, he described the ways that each one gets people high to his potential customers, and therefore admitted that the herbs - which are not illegal - are for human consumption. Because they are for human consumption, but they are being sold without proper permission, he was arrested. (I think this is really sad, since he was at least being honest about it, and he gets arrested because of it.)


脱法ハーブ:貯蔵容疑で店主逮捕 薬の効能認識 警視庁
医薬品としての効能をうたって「脱法ハーブ」を販売したとして、警視庁は15日、川崎市高津区、ハーブ店経営、山口誠容疑者(29)を薬事法違反(医薬品の無許可販売目的貯蔵)の疑いで逮捕したと発表した。これまで脱法ハーブは、体内に摂取しないお香や芳香剤として販売すれば、規制対象にならないとされてきた。だが今回は、売り手が脱法ハーブに薬の効能があると認識していたとして、摘発に踏み切った。

 一見して吸引目的と分からない状態で売られている「脱法ハーブ」が医薬品にあたるとして、販売店主が逮捕されるのは全国初という。

 逮捕容疑は6月8日、東京都世田谷区のハーブ店で、インターネット通販サイトに「深い陶酔感」「多幸感と高揚感をミックス」などの効能をうたっていた3グラム入りのハーブ7袋(計2万8000円相当)を販売目的で所持したとされる。「このうたい文句で販売すれば薬に当たるとは分かっていた」と容疑を認めている。

 生活環境課によると、山口容疑者は11年10月から営業を始め、店舗と通販で毎月計100万〜150万円を売り上げていた。摘発対象となったハーブは、仕入れ先から入手した2種を自ら混ぜた「オリジナル88」という商品名で、今年7月に厚生労働省が新たに指定薬物として流通を規制した2種の薬物成分が検出されている。【黒田阿紗子】

from
http://mainichi.jp/select/news/20121016k0000e040181000c.html
 
somewhat edited google translation
Metro police arrest shopkeeper for distributing herbs as uncontrolled drugs

(56 minutes at 12 Last updated October 16) 52 minutes at 11 October 16, 2012 Mainichi Shimbun

For circumventing the law and selling unlicensed herbs as medicine, the Metropolitan Police Department arrested suspect Makoto Yamaguchi (29) on suspicion of violating of the Pharmaceutical Affairs Law.

He should have been selling his wares as incense or fragrance, not for human consumption, so it would be unregulated, This time it was sold as herbal medicine and as such it allows grounds for him to be arrested on.

This is the first arrest of its kind as “legal highs” which are not easily identified as drugs grow more and more prevalent.


June 8, at the herb store in Setagaya-ku, Tokyo, 7 bags of herbs containing 3 g were sold on the Internet, branded as a way to achieve "exhilaration and euphoria” for a a total of 28 000 yen. This drew suspicion of selling controlled substance analogs. He has admitted to the charges and states he knew what he was selling the herbs for (as drugs).

According to the Consumer and Environmental Protection Division, began operations in October 1999, Yamaguchi suspect had sold a total of 1 million to 1.5 million yen per month in stores and mail order. Under the trade name obtained from the suppliers of "original 88", herbs for which it was seized, the drug component was decided to be regulated as a drug newly designated in July this year after it had been detected. Saeko [Kuroda] 阿

◇ investigation concerned parties ... "to halt" if the prosecution Lele, expected

Despite the excitement and hallucinations cause central nervous system in the same way as drugs and stimulants, regulation of the law can not keep up. It is expected that this incident will set a future precedent for legal highs.

Until now, the Ministry of Health, Labour and Welfare regulates the sale as a "drug" designated drug ingredients that act on the central nervous system. Police proceeded to raid the store to possession for the purpose of selling the herbs, including drug designation in the nation, it was often the case that can not be prosecuted is claimed "I do not know if they contain scheduled drug." Interested parties had a dilemma as investigation is "not a fundamental solution to the spread of legal highs".

Pointed out, "Do not allow the full use of contractors to escape the impersonation of the Pharmaceutical Affairs Law. The law, should strengthen the crackdown, we provide" Sakae Komori, a lawyer familiar with the drug problem. Saeko [Kuroda] 阿

it doesnt look like the jp law is any better than us/canada..
 
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Everybody knows what these 'incense' products are for, why not, instead of pretending that its something else, allow it to be sold for what it is, and display warnings/dosage/active ingredients? Why does nobody see logic?
 
Anecdotally there is a very harsh stigma against drugs excluding alcohol, tobacco, and legit pharmaceuticals in Asia. (at least S. Korea, Japan, Taiwan)
 
Japan is a reflection of the rest of East Asia... very anti-drug.

It's okay though for men to get so hammered on alcohol that they are puking and falling over in the streets, and raping their wives.
 
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