Synthetic marijuana now sold legally in Portsmouth could soon face a ban. The city’s Legal Department is drafting an ordinance that would outlaw the sale of K2, also known as “spice,” and possibly other substances. 

The City Council voted 8-1 on Feb. 7 to have the Legal Department draft the ordinance. Once it is drafted, the city will hold public hearings before voting on the matter. 

The Council took up the issue at the request of Councilor Ken Smith, who said he is concerned about K2 entering local schools. Smith said he simply wants to open the issue to public discussion and stressed that the action has nothing to do with debate on the legalization of real or medical marijuana. 

“It’s showing up in the schools and right now it’s legal to sell in the city,” Smith said. “This is not by any means an attempt to open up the marijuana debate or anything to do with the real stuff.”

K2 is a dried herbal substance sprayed with synthetic chemicals that replicate the effects of marijuana when smoked. It is currently available in Portsmouth and some surrounding communities. The city of Franklin has already prohibited K2, and the town of Seabrook is pursuing a similar ban. 

K2 is different than salvia divinorum, another legal substance that produces a high when smoked. Salvia is a naturally occurring plant in parts of Mexico that causes psychoactive experiences without the addition of synthetic chemicals.

Smith was not certain whether the proposed ordinance in Portsmouth would affect the sale of salvia or other substances besides K2. He noted that it will be up to the city’s legal staff to craft the wording of the ordinance. 

A variety of legal intoxicants have come under fire in recent months. Late last year, the U.S. Food and Drug Administration issued a national ban on Four Loko and other beverages that combine caffeine with alcohol. The federal government is also considering action on substances like K2 and salvia. 

Smith said he looked forward to receiving public feedback on the matter and encouraged K2 advocates to weigh in at public hearings. He said he would also consider an age restriction on the substance.

“I just don’t want to see it in the schools,” he said.

Operating a motor vehicle under the influence of K2 or any other intoxicant is already against the law in New Hampshire.