10pm K2 local
TULSA - It's risen to fame the last five years.
Tulsa police say they see the drug K-2 nearly every night, but when they arrest a person and wait for charges, those don't come easy.
Prosecutors and police see a loop hole in what penalty a user faces.
Many users treat K-2 as an alternative to smoking marijuana, but it's consequences are even greater.
RELATED: K-2/Spice drug facts (http://1.usa.gov/1c7iKBI)
On a search for illegal drugs in south Tulsa, officer Dean Montgomery ran across a man who calls himself "Dwayne" at R&R Convenience Store near 61st & Peoria.
Dwayne admits he smokes the illegal substance K-2.
"I smoked it last night and I smoked it this morning," he said. "I like to mix two types together."
Not visibly high nor carrying the drug, Dwayne wasn't arrested.
Montgomery says being high on K-2 is no different than being busted drunk in public, just a public intoxication charge handled by a trip down to city court.
Those found with K-2, however, can be prosecuted on possession charges. But even then, Assistant District Attorney Jason Salmon says, getting a conviction can be an uphill battle.
That's because of the nature of the drug. Unlike marijuana, K-2 is made from a host of chemicals, which often change in order to get around the law.
Prosecutors must send K-2 off for tests to see if the batch is made out of any illegal chemicals. A 30 day process that can end in a wash.
Said Salmon, who has to wait about a month to get back a single K-2 lab test: "It's a cat and mouse game between police and people selling these drugs."