Published: Oct 27, 2010 4:37 PM EDT
Updated: Oct 27, 2010 1:38 PM EDT

BARTOW, Fla. (AP) - Synthetic marijuana is technically legal, but a central Florida sheriff says he plans to arrest retailers who sell it.

Polk County Sheriff Grady Judd said Tuesday that his agency will start busting retailers selling synthetic marijuana substances, typically marketed as incense or potpourri. They'll be charged with selling an imitation controlled substance, a third-degree felony.

Judd complained that wholesalers have been telling retail stores it's legal to sell the substance, which when smoked provides a marijuana-like high.

The substance is marketed under the names "Spice," "K2 and others. It's typically sold at convenience stories and other small retailers.

Some cities and states around the country have already banned it.