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BOISE -- Spice has not been banned yet in Idaho, but the governor says it won't be long before it's illegal.

Last week the state pharmacy board approved the ban and Thursday, the Governor s office said he would sign it soon.

However, Monday, KTVB learned Gov. Otter is waiting a little while longer.

Otter says he won't put pen to paper until he feels the public has had a chance to hear about the ban, which may take another two weeks.

That extra time is also critical for government agencies who are putting together a plan on enforcing the Spice ban.

Spice is sold as incense, but can be smoked to get high.

Right now it's an unregulated product, but it will become illegal the moment Otter signs the proposed ban.

To investigate, some police agencies will follow standard drug protocol, others are waiting on their attorneys for guidance.

According to state code, a person in possession will be slapped with a misdemeanor and face up to a year in prison and $1,000 penalty.

It's bumped up to a felony if proven that a person was delivering spice or planned to. In that case, the maximum is 5 years behind bars and a fine of $15,000.

State leaders are discussing how to best notify businesses too because those who don't get rid of the product also run the risk of being cited.

Mark Ciccarello's five Treasure Valley stores sell a lot of spice. He says he's careful to only sell it to those who are buying it as an incense.

Inside my store if people talk about it in a way that it's not intended to be used which is an incense, then they get kicked out, Ciccarello said.

He says this weekend, customers were discussing the ban and stocking up on spice.

Ciccarello says he'll empty his store's shelves once the ban becomes law.

Until then he hopes the government will reconsider and realize making spice illegal could push the product underground.

Drug dealers don't care if they sell it to a kid. If you have the money they have the product, he said.

Some state leaders acknowledge that possibility but call the public health risk a greater concern.

A recent survey of 20 hospitals that reported ER visits got the attention of the Idaho Office of Drug Policy.

On Thursday, we spoke to its director.

Over 85 cases in the last six months had come to the emergency room as a result of use of spice and those were the hospitals that could identify that it was spice. So there could be more, said Sharon Burke of the Idaho Office of Drug Policy.

The governor's office says when he's ready to sign the proposed ban, the local media will receive a news release with a date the governor intends to make it law.

Once he's made it official, the ban will last through the end of the next legislative session.

According to the Board of Pharmacy some lawmakers are looking to permanently outlaw Spice.

They may propose a bill early next year that would do just that.

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