Lawmaker looks to close loophole in bath salts sale laws


There is a flaw in the law that allows stores to get away with selling drugs like Spice and bath salts.

An Eyewitness News investigation reveals how easy it still is to buy the dangerous and illegal drugs from places as common as convenience stores.

Eyewitness News photographer Joel Clausen went into one store undercover and asked the clerk, "Got any Mad Hatter? Any GoGo?"

"He kind of spun around, looking out the window, making sure there was nobody outside. Very incognito. Kind of nodded to me and said 'Yes'," Clausen said of the clerk.

Then, he said the clerk told him, "I have 'BANG,' three grams for $25."

"I have heard of every possible name that you could mention. Just everything. It surprises me that people still want to sell this product, knowing they can lose their business license, go to jail, pay fines but they just do it to make a buck," said State Representative Milo Smith (R-Columbus).

Smith helped sponsor the new bath salts law passed in March, but now is worried about a loophole in the law.

"My intent was always, if a new drug becomes available in Indiana and they need to have an emergency rule to make it illegal, that we could do that right away," he said.

But instead, he says the loophole only lets the State Pharmacy Board ban a substance if it's been banned somewhere else first.

The new law has state police doing more undercover buys at stores and testing the packets for chemicals to see if they're illegal. But State Police Sgt. Rich Myers says they haven't found any chemicals that would make users high in the last few months.

That's led to a weird development.

"The people are taking them back, saying I want a refund. I didn't get a high," Smith said.

Smith is already talking with a statehouse lawyer about fixing the language in the new law to close the loophole.

If you know of a store selling illegal bath salts, you can contact the Indiana State Police tip line at 1-888-873-1694.