As of March 1st, 2011 it is NOT illegal to posses, but banned for sale. The FDA has to single out what ingredient is harmful to be able to make it illegal so they have stopped all sales of the item until further notice. My sister works for the police department in my area and all she ever says about it is that they catch kids smoking it but can't do a damn thing about it. Not illegal!!
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are you talking about jwh-018 and the like being tested in a urinalysis? no. to my knowledge no state does, but i live in South Carolina and can answer this one.
the tests are new and expensive and the state doesn't test for them.