Attorney General Denn Urges Oil Companies to Eliminate Synthetic Drug Sales At Gas Stations

Attorney General Matt Denn recently joined with 42 of his counterparts in asking the CEOs of nine oil companies to eliminate any synthetic drug sales from retail locations operating under their brand names.

Synthetic drugs started appearing in gas stations, tobacco shops and liquor stores over the last seven years. In 2010, more than 11,000 people nationally – many of whom were younger than 17 – went to the emergency room after using synthetic marijuana, and in 2011 the number was more than 28,000.

“The impact and dangerousness of synthetic drugs has become clear in Delaware. In 2011, a man high on the synthetic drug known as bath salts killed New Castle County Police Lt. Joseph Szczerba,” Attorney General Denn said. “Delaware lawmakers passed legislation making bath salts illegal following that incident, but new varieties of synthetic drugs continue to be created, and none of them should be available at stores in Delaware or anywhere.”

The contents and effects of synthetic drugs are unpredictable due to a changing variety of chemicals used in manufacturing processes that are devoid of quality controls and regulatory oversight.
The letter asks company officials to prohibit franchisees from selling any synthetic drugs, revoke the franchisee/franchisor relationship with any gas station or convenience store that sells any kind of synthetic drug, and report to local law enforcement if they learn that any franchisee is selling synthetic drugs.

Companies receiving the letter with the request from the state Attorneys General included BP, Phillips 66, Chevron, Shell, Citgo, Sunoco, Exxon Mobil, Valero, and Marathon Petroleum.

The state and territorial Attorneys General offices that signed the letter are: Alabama, Arizona, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Northern Mariana Islands, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.


Nine New Drug Recognition Experts Combat DUI in Delaware

Dover– Last month, nine Delaware law enforcement officers from state and local police departments completed an intensive training course to become certified Drug Recognition Experts (DRE). A DRE is a police officer trained to recognize impairment in drivers under the influence of drugs other than, or in addition to, alcohol. The DRE officer may be called to a DUI stop if a driver has failed the standardized field sobriety tests but the driver does not have a measurable breath alcohol concentration. The DRE can perform a battery of tests to determine if other drugs may be causing the impairment. All DRE officers can work statewide and can be called out to any DUI stop if needed.

The nine new DRE officers are:

Cpl. Adam Mease, Newark PD

Cpl. Dana Wyant, Rehoboth Beach PD

MPO Patrick McCloskey, UDPD

Cpl. Jonathan Gibbons, DSP Troop 2

Cpl. Patrick Wenk, DSP Troop 2

Cpl. Michael Weinstein, DSP Troop 3

Cpl. Andrew Partyka, DSP Troop 4

Cpl. Nicholas Demalto, DSP Troop 7

Cpl. Roland Mills, DSP Troop 7

They join three existing Delaware DREs:  Sgt. Andrew Rubin, Newark PD; Sgt. Joseph Parker, DSP Troop 2; and MCpl. Roy Bryant, DSP Troop 3.

The DRE training process requires nearly 100 hours of classroom and field training. An officer must complete the Standardized Field Sobriety Testing (SFST) course and have SFST field experience before they can apply to the DRE program. Once an officer has been accepted into the DRE program, they must successfully complete four steps in order to become DRE certified.

  • Attend a 2 day intensive DRE pre-school to evaluate their ability. Successful candidates will go to on to the 7 day DRE school.
  • Complete a 7 day classroom training DRE school. Officers must score at least 80% to continue with the program.
  • Complete field certification process. If the officer was successful in the 7 day DRE school, they move to the field certification process. Each candidate must evaluate 12 subjects who are under the influence of something other than alcohol.  They also must identify at least three of the seven drug categories.  Each opinion rendered must be confirmed through toxicology.
  • Score 100% on final exam. The final exam is administered over the course of 12-18 hours and a score 100% is required to graduate and become a certified DRE officer.

The Delaware Office of Highway Safety coordinates the DRE program in Delaware and makes it available to all law enforcement statewide. For officers to maintain their DRE certification they must receive continuing education every two years, and they must conduct a minimum number of evaluations, 4 of which must be observed by a DRE instructor.

There are currently more than 6,300 active DREs in the United States.  There are also more than 500 in Canada.  Other countries are also starting to train DREs, including China – 2, Australia – 1, Germany – 1, and the Virgin Islands – 1.

The Los Angeles Police Department (LAPD) originated the program in the early 1970s, when it was noted many of the individuals arrested for driving under the influence (DUI) had very low/zero alcohol concentrations, indicating they were under the influence of drugs. Two LAPD sergeants collaborated with medical doctors, research psychologists, and other medical professionals to develop a standardized procedure for recognizing drug influence and impairment. Their efforts culminated in the development of a multi-step protocol and the first DRE program. The LAPD formally recognized the program in 1979 and attracted NHTSA’s attention. The two agencies developed a standardized DRE protocol. Studies have proven a properly trained DRE can successfully identify drug impairment and accurately determine the category of drugs causing such impairment.

The International Association of Chiefs of Police (IACP) coordinates the International Drug Evaluation and Classification (DEC) Program with support from the National Highway Traffic Safety Administration (NHTSA). More information about the DRE program can be found at http://www.decp.org/.


New Castle Man Arrested on Drug Charges

New Castle — A 25 year old New Castle man has been charged with dealing drugs after agents from the Division of Alcohol and Tobacco Enforcement witnessed what appeared to be a drug transaction at an area WaWa.

On February 7, 2014, a plainclothes Division of Alcohol and Tobacco Enforcement (DATE) Agent was standing outside of the WaWa located at 4000 N. DuPont Highway in New Castle and witnessed what appeared to be a hand to hand drug transaction near the fuel pumps. Other DATE agents that were in the area watched for the suspected dealer as he left the area on foot. The suspect, Kimjuana D. Jervey, was stopped and arrested without incident after he left the parking lot. He is accused of selling a baggie containing 3.8 grams of marijuana to another individual.

Jervey was charged with Drug Dealing and was arraigned at Justice of the Peace Court #20. He was later released on a $5,000 unsecured bond.


Tobacco Investigation Leads to Drug Arrest

New Castle — A 54 year old New Castle man faces drug and weapons charges after an investigation of tobacco sales by agents with the Division of Alcohol and Tobacco Enforcement at a convenience store.

On February 7, the Division of Alcohol and Tobacco Enforcement (DATE) conducted undercover buys of unsealed cigarettes. While at T2 Food & Gas, located on Moores Lane in New Castle, the store manager sold a loose cigarette to an undercover DATE agent which is prohibited by state law. After arresting the manager and while conducting an inspection of the store’s tobacco products, Agents located a large bag of marijuana and a loaded .357 magnum in plain view behind the counter. Agents then obtained a search warrant for the business and seized 86 grams of marijuana, some of which was packaged for resale. The pistol and over $200 in cash was seized as well.

The store manager, Sher A. Khan, was charged with Drug Dealing (Possession with Intent to Distribute), Possession of a Firearm During the Commission of a Felony, Advertisement of Drug Paraphernalia, Possession of Drug Paraphernalia, and Distribute Tobacco Products Unsealed by the Manufacturer. In addition, Khan was also found to have four outstanding capiases for his arrest for unrelated crimes. Khan was arraigned at Justice of the Peace Court #11 and incarcerated under a $5,700 secured bond.


Delaware Bans Dangerous Drugs Known As “Bath Salts”

Gov. Markell SpeaksGovernor Jack Markell announced at a news conference today that Delaware has banned the dangerous stimulants commonly known “bath salts” now making them illegal in Delaware.

Early this afternoon, Secretary of State Jeff Bullock signed an “emergency rule” adding the compound of drugs known as “bath salts” to Delaware’s Schedule I of Controlled substances, following a recommendation by the Controlled Substances Advisory Committee. The order will be in effect for 120 days, with a 60-day extension possible. That gives the Delaware General Assembly, which re-convenes in January 2012, enough time to pass legislation banning the drugs permanently.

Today’s action empowers state law enforcement agencies to treat bath salts the same as other harmful illegal drugs, which means those who possess and, more importantly, those who sell bath salts will now face criminal penalties.

“These are not what people traditionally think of as bath salts that are added to a bath. This is a new designer drug sold in small vials or tins. People are getting sick, suicidal and very, very violent. These drugs are nasty and dangerous,” said the Governor. “If you know someone who has been abusing ‘bath salts,’ get them help,” said Governor Markell. “If you have the drug in your home or business, take it to the nearest Delaware State Police Troop and turn it in.”

Sec. of State Bullock Speaks“We are taking the unprecedented action of banning these drugs using a little known, but very powerful law, to immediately make them illegal to sell or possess,” said Secretary Bullock. “It’s an action we shouldn’t take lightly, but given the growing danger these drugs pose to our community, it is an action we need to take without delay.”

The Delaware Attorney General’s Office says two drug-related crimes are now applicable for bath salts: (Simple) Possession, which is a Misdemeanor level crime and Possession with the Intent to Distribute, which is a Felony level crime. The baseline Possession with the Intent to Distribute charge carries a sentencing range of 0-8 years in prison, and the seriousness of the charge and the corresponding sentencing range increases when aggravating factors are present such as prior offenses, resisting arrest, or committing a drug crime near a school or park – in certain cases this charge can carry minimum mandatory jail time.

“We’re working collaboratively with our law enforcement partners to quickly develop a game plan to enforce this ban and take specific action to ensure that these dangerous drugs are kept off the streets,” said Brian Robertson, Deputy Attorney General.

Sen. Bethany Hall-Long, D-Middletown is currently developing legislation that will be introduced when the General Assembly returns in January.

“This designer drug became an issue in my district and I’ve been working with various stakeholders to develop legislation allowing us to make bath salts controlled substance as well as working with families on finding treatment options,” Hall-Long said. ”As a nurse I am all too aware of the negative consequence this has on our public’s health and the injuries to patients who have used bath salts as well as their violent acts against nurses, police and other first responders”.

An emergency room nurse at Christiana Hospital, Rep. Rebecca Walker has seen the effects bath salts have had on people and is working with the Attorney General’s office to draft legislation permanently banning the substance.

“This phenomenon has popped up in the last few months and now it’s become a daily problem in all three counties,” said Rep. Walker, D-Middletown. “People have presented to all the emergency departments in the state under the influence of these bath salts and are so out-of-control and violent that they’ve injured nurses and EMS providers, making it difficult to provide the necessary treatment. My biggest concern is for members of the community who may be violently attacked. We can’t wait until January to address this. Banning this substance is the right thing to do, and I’m grateful to everyone for taking action today.”

Marketed under names such as “Ivory Wave”, “Purple Wave”, “Vanilla Sky” or “Bliss”, these products are comprised of a class of chemicals which can mimic the effects of cocaine, LSD, MDMA and/or methamphetamine. The chemicals used to produce “bath salts” – mephedrone, methylone, and methylenedioxypyrovalerone (MDPV) –have a high potential for abuse. The Federal Food and Drug Administration has not approved these chemicals for human consumption or for any medical use, and there is no oversight of their manufacture.

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