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      A Texas first, conviction of man for sale of K2

      K2 sales conviction gets former smoke shop owner 10 years of federal prison.

      The former owner of "up in smoke", an Amarillo smoke shop, pled guilty today in Randall County to felony possession and sales of synthetic marijuana and received a sentence of ten years.

      The sale of K2 is illegal in Texas counties and many county prosecutors have been leary of prosecuting the law due to expense of the testing and definition of the law.

      But the way it is manufactured and packaged creates problems for prosecuting the drug's sale.

      Town halls through out the panhandle have discussed and implored law enforcement to do something about the K2 problem.

      Pronews 7 caught up with district attorney James Farren about the conviction.

      "One way or another, people are not going to sell poison to our children in Randall County. We are going to file on them and prosecute them if they sell K2 or posses it in Randall County." said Farren. "Certainly Randall County Sheriff department and other agencies in Randall County are more than willing to investigate arrest, run search warrants, whatever it takes to file these cases and I can assure you we are ready to try them."

      Farren says there is one other K2 case he is prosecuting. He will use other ways to shut them down.

      "W e think the statute is fine. We think successful prosecution can be had under the statute. There are lots of nay-sayers out there that claim there are problems with it." said Farren. "But we disagree."

      Unlike traditional drugs, K2 -- also known as herbal incense -- is sold over the counter at some smoke shops around Amarillo.

      It is considered an illegal substance -- according to the Texas Controlled Substances Act.

      Just today HB 124 became law, part of that substances act. This law adds Salvia Divinorum to the list of illegal substances -- including all parts of the plant, and its seeds and extracts.