United States Attorney Brendan V. Johnson announced that a Watertown, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance Analogue was sentenced on March 18, 2014, by U.S. District Judge Karen E. Schreier.
Joshua Allen Hayhurst, age 25, was sentenced to time served (11 months) and 2 years supervised release.
Hayhurst was indicted by a federal grand jury on December 4, 2012, for Possession with Intent to Distribute a Controlled Substance Analogue. He pled guilty on April 15, 2013.
On June 29, 2012, law enforcement executed a search warrant for Hayhurst’s residence in Watertown, and recovered approximately two pounds of an illegal drug, commonly referred to as spice or K2. The product is made by treating plant material with controlled substance analogues. Under federal law, a controlled substance analogue has a chemical structure that is similar to certain controlled substances and has an effect on the central nervous system which is intended to be similar to those controlled substances. Where controlled substance analogues are intended for human consumption, they are treated as controlled substances. Hayhurst intended to distribute the illegal drug to others.
This case was investigated by the Watertown Police Department, the South Dakota Division of Criminal Investigation, and the U.S. Drug Enforcement Administration. Senior Litigation Counsel John E. Haak and Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.