5 Colorado residents sentenced for their roles in synthetic marijuana ‘spice’ distribution ring

DENVER — The final defendant of five Colorado residents has been sentenced for illegally distributing synthetic marijuana, aka “spice.”

These sentences were announced by U.S. Attorney John Walsh, District of Colorado, and Special Agent in Charge David A. Thompson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Denver.

Playing a critical role in this investigation was the Northern Colorado Drug Task Force. These sentencings came after all five defendants had earlier pleaded guilty to conspiracy to distribute a controlled substance and drug distribution-related charges. The controlled substance in this case is commonly known as “spice,” a synthetic type of marijuana.

U.S. District Court Judge William J. Martinez accepted the five plea agreements and pronounced all of the sentences. The following five defendants pleaded guilty to one count of conspiracy to defraud the United States and violate the Controlled Substances Act.

• Dien Le was sentenced March 9, 2016, to 28 months in federal prison, to be followed by two years’ supervised release, and fined $2,000;
• Kenneth Barnes was sentenced Feb. 25, to 18 months in federal prison, to be followed by two years’ supervised release, and fined $1,000;
• Ricky Pim was sentenced Jan. 7 to 48 months in federal prison, to be followed by three years’ supervised release, and fined $6,000;
• Ponlue Pim was sentenced Oct. 28, 2015, to 44 months in federal prison, to be followed by three years’ supervised release, and fined $5,000; and
• Pirun Pim was sentenced Oct. 21, 2015, to 40 months in federal prison, to be followed by three years’ supervised release, and fined $3,500.

“The resolution of this case is the end to a national drug organization that was producing and disturbing dangerous spice in Colorado and throughout the United States,” said U.S. Attorney John Walsh. “Colorado has been on the cutting edge of spice related prosecutions, and thanks to HSI and the Northern Colorado Drug Task Force, five individuals importing and manufacturing this dangerous drug are now in prison as a consequence to their criminal actions.”

On July 19, 2013, HSI special agents and Northern Colorado Task Force officers executed search warrants at seven locations, including residences and businesses in Fort Collins, Colorado. During the course of executing those warrants, agents and officers seized the following items: money from several bank accounts used by the defendants (amounts to be determined), $26,000 in cash, 75 pounds of spice and the chemicals and dry products to make spice, thousands of packaging units of spice for later sale, and several firearms.

Spice, the street name, is a mixture of substances containing detectable amounts of XLR-11 and PB-22, also known as synthetic cannabinoid, a Schedule I controlled substance or considered to be analogues to controlled substances. Analogues are chemicals that are substantially similar to the chemical structure of a controlled substance and have stimulant, depressant or hallucinogenic effects on the central nervous system. These products posed an imminent hazard to the public since many of these products were mislabeled, marketed, or sold openly as “bath salts,” “plant food,” “glass cleaner,” as in this case “tree mulch,” or legal alternatives to controlled substances that nevertheless caused people to hallucinate, overdose and be hospitalized.

During the spring of 2013, the five defendants engaged in knowingly and intentionally possessing with intent to manufacture and distribute mixtures or substances containing synthetic cannabinoid controlled substance. The investigation revealed that Pim/Le/Barnes Organization ordered from China XLR-11 and PB-22, which is a white powder. The organization had the powder delivered from China to New York City. From there, the illegal substances were sent from New York to Fort Collins. The organization also had a green leafy type substance sent to Fort Collins from San Antonio, Texas. In Fort Collins, Barnes, Le and the Pims took XLR-11 and PB-22 and manufactured them into spice that can kill humans. The defendants in this case took the chemicals and mixed them in a solvent which was eventually sprayed onto a fake plant product. The crude way in which the defendants produced the spice in this case is a danger; if the fake cannabinoid is sprayed unevenly, it can create hot spots where the concentration of the chemical is dangerously high. The defendants then packaged the product and either sold it to smoke shops in Colorado or sent it to other smoke shops throughout the United States. The cost of 1.5-gram packets was $10, and the cost for 3-gram packets was $20.

The chemicals used by the defendants are manufactured in China with no U.S. Food and Drug Administration or other type of oversight. The chemicals can contain substances that are dangerous to humans. Some people purchase spice because they cannot purchase marijuana. Both substances are dangerous to humans, which is why XLR-11 and PB-22, similar to marijuana, are now both listed as Schedule I Controlled Substances, and are banned from use.

As recent law enforcement investigations and media publications have shown, the rise of spice continues to grow. Drug dealers are changing the chemical makeup of spice faster than the laws are changing. Synthetic drugs, such as the ones created by the defendants in this case, are causing deaths throughout the country, harming individuals on a daily basis, and they have a high cost on emergency health and long-term care. U.S. emergency rooms saw 11,406 visits involving synthetic cannabinoids in 2010. However, many hospitals are unable to screen for these substances. In 2013, almost 30 percent of 10th graders tried marijuana. The far more dangerous use of synthetic cannabis was second only to marijuana, with 7.4 percent of 10th graders admitting to using it. As shown in this case and by law enforcement trying to prevent further harm from synthetics, the system of declaring a new substance illegal isn’t equipped to handle the synthetics problem; the possibilities of switching one small atom to create a new substance with the same effects are quick, easy and literally endless.

Synthetic drugs also cost much less than marijuana, making them a more financially feasible product regardless of their deadly nature. An ounce of marijuana sells for $300 to $500; but a package of spice sells for $5 to $20.

This investigation was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Northern Colorado Drug Task Force. The Northern Colorado Drug Task Force is made up of the Fort Collins Police Department, the Loveland Police Department and Colorado Adult Parole.

The defendants were prosecuted by Assistant U.S. Attorney Jeremy Sibert, District of Colorado.