Synthetic narcotics spark new look at drugged- driving laws

[...] New York's top court threw out the case, ruling the chemical composition of the dust cleaner wasn't on the state's list of banned substances — a requirement under the law — and that he couldn't be charged under a statute meant for drunken driving.

[...] some law enforcement officials say they have failed to keep up with the boom in designer drugs — such as synthetic marijuana, known as K-2 — and homemade concoctions that are chemically distinct from traditional narcotics, which is leading them to push for a change in New York's law.

Experts say synthetic and homemade drugs impair a user's cognitive and motor skills just like their recognized illegal counterparts.

[...] although state banned lists are occasionally updated, that's not happening fast enough to keep up with the black-market chemists who are continually making slight changes in their compounds to stay one step ahead of the law.

"Every kid with access to the Internet has access to unregulated designer synthetic drugs that are largely unknown to law enforcement," said Brendan Ahern, a New York attorney and former vehicular crimes prosecutor who has trained police officers and prosecutors on drugged driving.

Police found traces of the drug in her car, but prosecutors couldn't charge her with intoxicated driving because the drug, which was made to mimic an outlawed stimulant, was just different enough chemically to escape legal scrutiny.