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HomeMy WebLinkAbout2011/11/01 Item 09TY COUNCIL STATEMENT ~~~ CITY OF CHULA VISTA November I, 2011 Item No. 9 ITEM TITLE: CONSIDERATION OF AN ORDINANCE OF THE CITY OF CHULA VISTA DECLARING THE DISTRIBUTION OF PSYCHOACTNE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A PUBLIC NUISANCE SUBJECT TO CIVIL PENALTIES AND ENFORCEMENT A. EMERGENCY ORDINANCE ENACTING MUNICIPAL CODE CHAPTER 9.24 DECLARING THE DISTRIBUTION OF PSYCHOACTIVE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A PUBLIC NUISANCE SUBJECT TO CIVIL PENALTIES AND ENFORCEMENT; B. ORDINANCE ENACTING MUNICIPAL CODE CHAPTER 9.24 DECLARING THE DISTRIBUTION OF PSYCHOACTIVE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A PUBLIC NUISANCE SUBJECT TO CNIL PENALTIES AND ENFORCEMENT. SUBMITTED BY: CITY ATTORNEY'S O~FICE~~,Q ~ 6 CHIEF OF POLICE ~"~/ REVIEWED BY: CITY MANAGED S r !% 4/STHS VOTE: YES ® NO ^ SUMMARY This item presents for City Council consideration an ordinance that the City Attorney's Office has prepared to address mounting concerns with regard to the local availability and use of psychoactive bath salts and herbal incense. If adopted, the distribution of psychoactive bath salts and herbal incense would be declared a "public nuisance" in Chula Vista, subjecting anyone who engaged in this activity to civil penalties and other enforcement measures. This local declaration and enforcement mechanism is designed to supplement recent state law enactments in this area, and to fill in at least some of the gaps left by the state level regulations. 9-1 I1/1/11, Item No. 9 Page 2 of 7 Substantial support and guidance on this issue has been provided by Councilmembers Castaneda and Aguilar who comprise the Public Safety Subcommittee. Community groups such as P.A.S.S. (People Against Spice Sales) and the Institute of Public Strategies (IPS) have also provided City staff with helpful insights and done an extraordinary job with public outreach to warn people of the dangers of "spice" and "bath salts" and to discourage their distribution and use. City staff will also report on options and issues relating to the proposed local regulation and criminalization of "mere" possession of these substances, with an opportunity for the City Council to provide further direction in this area. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to the CEQA. Thus, no environmental review is necessary. RECOMMENDATIONS Council adopt Ordinance A and pass it as an emergency ordinance that will take effect immediately. Staff also recommends that the City Council place Ordinance B (a mirror image of A) on first reading so that the new law will also be approved using non-emergency procedures. Staff also requests City Council direction on regulating possession. BOARDS/COMMISSION RECOMMENDATION The Public Safety Subcommittee, on October 12"', 2011, recommended that staff work with the Police Department, Code Enforcement and neighboring cities in developing nuisance ordinance on bath salts and spice and bring the ordinance to Council as soon as possible. The Public Safety Subcommittee also recommended developing an enforcement program along the lines of the points cited above. This item implements that request and direction. DISCUSSION BackEround. The distribution and use of psychoactive herbal incense (most commonly marketed as "Spice" or "K2") and psychoactive bath salts (marketed under multiple brands) appears to be reaching epidemic proportions in the United States. These products are being disingenuously marketed and sold as if there were standard bath salts and incense whereas in fact they are not. Instead, they are being snorted, smoked and used intravenously. These products contain dangerous chemical compounds which are "designer drugs" designed to mimic the psychotropic effects of illegal stimulants and hallucinogens such as cocaine, methamphetamine, LSD, ecstasy and marijuana yet are manufactured in a way to avoid triggering the Federal Controlled Substances Act. These substances can cause-and have caused-serious adverse health effects on users, 9-2 ll/1/ll, Item No. 9 Page 3 of 7 including cardiac arrest, seizures, extreme anxiety/agitation, sometimes progressing to violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts/actions, increased blood pressure and heart rate, renal and kidney failure, and death. To make matters worse, marketing efforts appear to be directed at young people. The extent of actual use of these products in Chula Vista is unclear. However, a number of Chula Vista liquor and convenience stores have been observed selling a wide range of "spice" and "bath salts" product types. A number of stores have voluntarily stopped selling these products, as a result of community outreach; however, some number (not currently known with specificity) persist. There are not many recorded incidents at local emergency rooms or calls to the Police. However, in at least one recorded case an Olympian High School student smoked psychoactive herbal incense and suffered a cardiac arrest as a result. Regardless of the extent of current use, given the relatively easy availability of the products, and their potential dangers, the threat to public health and safety is considered very real and very serious. In response to the identified dangers posed by spice and bath salts products, numerous states have made the chemical substances contained in these products illegal. States taking such actions include Missouri, Louisiana, Michigan, North Dakota and Florida. The United States Drug Enforcement Agency has used its emergency powers to name some of the substances in these products Schedule 1 controlled substances. In early October, the State of California passed two state laws (AB 486 -synthetic compounds contained in psychoactive bath salts, SB 420 -synthetic cannabinoid compounds) that have both been signed by the Governor (this Council took action to support these bills by way of a resolution approved in August). In addition, Sweetwater Union High School District recently took action to ban these products from any of their campuses. Despite these positive actions, there remain significant current and potential gaps in the laws governing spice and bath salts. The primary gaps arise from the fact that these laws are based on identified, outlawed substances. This leaves open the potential for the product manufacturers to manipulate the chemical substance ingredients as a way of avoiding criminal prosecution. The manufacturers can change a chemical bond in a compound to make it dissimilar to the original compound. This way the new chemical compound does not mirror the illegal compound yet it still will result in the psychoactive effects of the original, illegal compound. The evolution of these compounds make it very difficult to achieve criminal convictions because a potential conviction is hinged on whether a jury will agree with expert chemistry testimony that the new compound is substantially similar to the original.2 Summary of the Proposed Ordinance and Explanation of the Benefits of the "Public Nuisance" Model. Based on the research the City Attorney's Office has undertaken staff is recommending that the sale and distribution of psychoactive bath salts and psychoactive herbal incense be declared a ~ AB 486 is effective immediately and Police Department staff will coordinate with the District Attorney's Office on undertaking enforcement. SB 420 takes effect January 1, 2012. 2 Moreover, it may even be a challenge to obtain expert testimony that a new compound is technically similar to the illegal compound if a chemist believes thaC this representation does not comport with the established practices and standards of the profession. 9-3 I1/1/ll, Item No. 9 Page 4 of 7 "public nuisance." Staff believes this is the most efficient way to prohibit the use and sale of these products for many reasons: 1) a public nuisance approach plugs into an existing enforcement model of nuisance abatement and resulting civil penalties; 2) making the sale of these products a nuisance is the First essential step in reducing the existence of these products in Chula Vista; 3) this method will take these products off the shelves of local retailers thereby eliminating the easiest method of access for youth; 4) a nuisance approach avoids the challenges in enforcing laws against constantly morphing chemical compounds because the ordinance is geared towards prohibiting the behavior of distributing the products (and/or also any substantially similar products)3; 5) the nuisance approach bears the legal burden of a civil, and not criminal, action4; 6) a nuisance approach incorporates a "full cost of recovery" model where staff time investigating the nuisance is recouped (criminal enforcement cannot include "full cost of recovery"); and 7) the City is in a position to enforce the measure itself, without needing to rely on other agencies that have their own resource and priority issues. Municipalities have broad authority to declare public nuisances. Cal. Gov't Code § 38771; see also City of Costa Mesa v. Soffer (1992) 11 Cal. App. 4t~ 378. A nuisance is defined as "[a]nything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property..." Cal. Civil Code § 3479. A public nuisance is a nuisance "...[w]hich affects at the same time an entire community or neighborhood..." Cal. Civil Code § 3480. Given the nature of this problem, the Police Department believes that the first step in tackling this troublesome issue should be focused on getting these products off the shelves of local retailers. Eliminating the primary access for these products should result in an overall reduction of possession and use. A nuisance ordinance will be the most effective method and it operates in away that compliments the state law criminal actions. Basis for Adoptin>? the Ordinance as an Emeraency Measure. This ordinance is being presented as an "emergency ordinance"which requires a 4/Sths vote of the Council. If so approved the ordinance will go into effect immediately. Pursuant to Section 311(d) of the City Charter an emergency ordinance is an ordinance "declared by the City Council to be necessary... for preserving the public peace, health, safety, and general welfare..." This ordinance should be considered as an emergency ordinance because the distribution of psychoactive bath salts and psychoactive herbal incense and their subsequent use have been shown to result in extreme anxiety/agitation, sometimes progressing to violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts/actions, increased blood pressure and heart rate, renal and kidney failure. Extreme symptoms resulting from the use of psychoactive bath salts and psychoactive herbal incense bear a strong potential 3 This ordinance will also capture the distribution of products intended to mimic the appearance of Psychoactive Bath Salts and Psychoactive Herbal Incense. The general standard of proof in civil cases is known as the "preponderance of evidence" which means evidence that is more convincing than opposing evidence. The general standard of proof for a criminal conviction is "beyond a reasonable doubt" which means that the proof must be so conclusive and complete that all reasonable doubts of fact are removed from the mind of an ordinary person. 9-4 ll/I/ll, Item No. 9 Page 5 of 7 for creating additional criminal activity, disorder, and traffic safety and negatively impacting municipal public safety functions. The distribution and availability of these products therefore needs to be abated immediately in order to preserve the public peace, health, safety and general welfare of the community. Enforcement Plan. Staff has developed the initial, following points with regard to an enforcement program that were discussed at the October 12~~' Public Safety Subcommittee and subsequently endorsed in their recommendation to Council: ^ Identify all known retailers of these products in Chula Vista (by doing so staff will be able to better quantify the necessary funding and staffing for an effective enforcement program. The new state laws are unfunded); Educate known retailers on the state of Califomia and Federal law by mailing additional notification letters to them and work with the Neighborhood Market Association on these notification efforts; • Continue to support citizens and PASS (Persons Against Spice Sales) in public outreach and youth education efforts; Police Department and City Attorney to coordinate with District Attorney on new state criminal laws (training advisories, direction from DA on how best to undertake criminal enforcement); Police Department and City Attomey to coordinate with the U.S. Attorney's Office and the California Department of Justice to determine whether their resources could assist with these efforts; and This enforcement plan alone will require significant staff resources. However, at this point the staff resources required are difficult to quantify because: 1) it is not yet known how widespread this problem is; 2) there has not been a definite identification of known retailers of these products; and 3) the resources needed will depend on how responsible parties respond. The City Attomey's Office will continue to meet with both Code Enforcement and Police Department staff to: 1) identify what staff resources will be necessary to enforce the ordinance; 2) what impact this ordinance will have on currently staffed projects; and 3) what impact this ordinance will have on funding involving other ongoing projects Staff will continue to meet with stakeholders and community groups, the responsible departments on tracking time, devising standard documents and policies and ensuring compliance is achieved. Staff will report back to Council at different stages of program implementation and discuss program enforcement and costs. 9-5 11/1/11, Item No. 9 Page 6 of 7 Options And Issues Relating To Criminalization Of "Mere" Possession.- Because the recent state laws do not address "mere" possession in California staff continues to research possible legal framework for regulating possession on a local level. Efforts include meetings with PASS and IPS, consultations with other involved law enforcement agencies including agencies from outside the state, analysis of existing laws, and review of proposed model ordinances. These efforts will continue with a more substantial report back to the Public Safety Subcommittee and/or the City Council in the near future. Nevertheless, criminal enforcement requires significantly greater staff resources and funding. Some of the practical and legal issues being looked at include: 1. One of the biggest issues in criminalizing personal possession is the issue of testing to detect the illegal substances. Currently there is no known field test for these substances as opposed to other illegal, controlled substances such as cocaine and methamphetamine. Further, the Police Department would have to send these products to the Sheriff's Department for testing which could take up to thirty (30) days before determining whether the substances are in fact illegal. 2. Staff has contacted the District Attorney's Office and they have not yet prepared training advisories on the state law bath salts bill currently in effect. Without the Police Department receiving official guidance from the District Attorney on how to undertake investigations relating to the state law causes concern with regard to the standards for investigating and enforcing a local law criminalizing possession. 3. Misdemeanor prosecutions aze highly labor intensive and can at times take up to a year to resolve through the courts. A misdemeanor prosecution can take hundreds of hours of a prosecutor's time to push through to trial (preparing the complaint, attending hearings, interviewing witnesses and officers, preparing motions and oppositions, dealing with appeals, etc.). 4. Establishing a misdemeanor prosecution program would require significant coordination with the San Diego County Superior Courts (for example, establishing a bail schedule, recommendations on sentencing, how any probation conditions will operate, etc.) and coordination with the State and County on having the program obtain funding for the drug court rehabilitation program. 5. Given current staffing and resources, the District Attorney will not issue a criminal complaint based on a municipal code misdemeanor. 6. Establishing a new criminal enforcement program could result in additional exposure to civil rights lawsuits. 7. The Police Department may be able to use current, existing investigation and detention techniques to confiscate these products so long as this method is adequately researched, vetted from a constitutional perspective and the necessary guidance and training protocols are developed. Staff continues to research this possibility. 9-6 11/1/ll, Item No. 9 Page 7 of 7 Community Input/Outreach Significant community input has been provided through the Public Safety Subcommittee public hearings on the issue which took place August 3`d, 2011, and October 12`x', 2011. The matter was also raised at a community forum that took place at Sweetwater High School on October 20`x', 2011 co-sponsored by the Institute for Policy Solutions and PASS. This proposed action is, in no small part, the product of these hearings and the efforts of these groups. The Neighborhood Market Association has also been instrumental in notifying their members of the new laws regarding these substances. DECISION MAKER CONFLICT This item is not site-specific therefore there are no conflicts based on the 500-foot proximity of councilmember property holdings. FISCAL IMPACT Staff resources will be additionally burdened by undertaking enforcement of the proposed public nuisance ordinance because this is a new program but the exact extent of this burden is unclear. Going forward, staff will monitor and report to City Council on fiscal impacts. ATTACHMENTS 1. Proposed Ordinances (emergency Ordinance [4/5] and standard Ordinance). 2. Drug Fact Sheets from D.E.A. and U.S. Department of Justice. 3. AB 486 and SB 420 Prepared by: Chance Hawkins, Deputy City Attorney. City Attorney's Office 9-~ ORDINANCE NO EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA ENACTING MUNICIPAL CODE CHAPTER 9.24 MAKING THE DISTRIBUTION OF PSYCHOACTIVE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A PUBLIC NUISANCE SUBJECT TO CIVIL PENALTIES AND ENFORCEMENT WHEREAS, the City Council is concerned for the safety and health of Chula Vista citizens because the use, sale and distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense pose serious threats to their health, safety and general welfare; WHEREAS, according to credible news reports and authorities Psychoactive Bath Salts and Psychoactive Herbal Incense have caused or been linked to numerous deaths, medical emergencies, acts of violence, and other incidents throughout the United States and Europe; WHEREAS, calls to the United States Poison Control Center have substantially increased over the past year with regard to the ill-effects of Psychoactive Bath Salts and Psychoactive Herbal Incense; WHEREAS, Psychoactive Bath Salts have been falsely marketed as standard bath salts for use in one's bath, but in fact have been ingested, snorted and used intravenously by many people throughout the United States with serious, deleterious effects to the person's health including extreme anxiety/agitation, sometimes progressing to violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts/actions, increased blood pressure and heart rate, renal and kidney failure; WHEREAS, Psychoactive Bath Salts, are in fact "designer drugs" which have been manufactured with chemical substances that are intended to mimic and recreate the effects of cocaine and methamphetamine which are illegal, controlled substances under state and federal law; WHEREAS, Psychoactive Herbal Incense has been falsely marketed as standard incense used for its aromatic qualities, but in fact been ingested or smoked by many people throughout the United States with serious, deleterious effects to the person's health including cardiac arrest, seizures, extreme anxiety/agitation, sometimes progressing to violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts/actions, increased blood pressure and heart rate, renal and kidney failure; WHEREAS, Psychoactive Herbal Incense, are in fact "designer drugs" which have been manufactured with chemical substances that are intended to mimic and 9-8 recreate the euphoric effects of marijuana which is an illegal, controlled substance under federal law; WHEREAS, recently a local youth attending Olympian High School in Chula Vista suffered a cardiac arrest after smoking Psychoactive Herbal Incense; WHEREAS, Sweetwater Union High School District recently banned Psychoactive Bath Salts and Psychoactive Herbal Incense on school property; WHEREAS, California and many other states have banned the use, sale, and distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense and the chemical substances contained therein; WHEREAS, the Federal Drug Enforcement Agency has used its emergency powers under the Controlled Substances Act to declare many of the chemical substances contained in Psychoactive Bath Salts and Psychoactive Herbal Incense illegal; WHEREAS, notwithstanding the federal and state laws, there remains serious gaps in the law that warrant further action at a local level; WHEREAS, Chula Vista retailers are or should be aware of the significant ill- effects of Psychoactive Bath Salts and Psychoactive Herbal Incense, yet some continue to sell these dangerous products; WHEREAS, the ordinance is not designed to control the use, sale or distribution of normal bath salts or incense that do not contain designer chemical compounds that elicit psychotropic effects; WHEREAS, based upon on the facts described above, and other good and reliable information presented to and considered thereby, the City Council determined that the distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense within the City of Chula Vista constitutes a public nuisance because it is injurious to the health, safety and general welfare of Chula Vista citizens; WHEREAS, the City has the authority to regulate matters relating to municipal affairs pursuant to its Charter in addition to the authority provided by Government Code § 38771 authorizing municipalities to declare public nuisances; and WHEREAS, the City Council determined that emergency measures are warranted given the immediate and serious threat to the public peace, health, safety and general welfare of the community posed by Psychoactive Bath Salts and Psychoactive Herbal Incense: NOW, THEREFORE, the City Council of the City Of Chula Vista does, hereby, ordain as Follows: 9-9 SECTION I. Based upon the facts described above, and other good and reliable information presented to and considered thereby, the City Council finds, determines and declares that: A. The distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense within the City of Chula Vista is a public nuisance; and B. This ordinance is necessary as an emergency measure for preserving the public peace, health, safety and general welfare of the community given the immediate and serious threat thereto posed by the distribution and use of Psychoactive Bath Salts and Psychoactive Herbal Incense. SECTION II. Chapter 9.24 of Chula Vista Municipal Code is hereby approved and enacted as follows: Chapter 9.24 DISTRIBUTION OF PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND LIKE PRODUCTS A PUBLIC NUISANCE Sections: 9.24.010 Purpose and Intent. 9.24.020 Definitions. 9.24.030 Public Nuisance. 9.24.040 Enforcement. 9.24.050 Exemption for approval by FDA or California Law. 9.24.060 Severability. 9.24.010 Purpose and Intent. The purpose and intent of this ordinance is to address the dangers to the community posed by the distribution and use of Psychoactive Bath Salts, Psychoactive Herbal Incense, and similar products, and to provide the City with reasonable measures to abate the public nuisance created by such conduct. 9.24.020 Definitions. A. Psychoactive Bath Salts are defined as follows: 1. Any crystalline or powder product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects including but 9-10 not limited to the following substances: 3,4-Methylenedioxymethcathinone (Methylone), 3,4-Methyenedioxypyrovalerone (MDPV), 4-Methylmethcathinone (Mephedrone), 4-methoxymethcathinone (Methedrone), 4-Fluoromethcathinone (Flephedrone), 3-Fluoromethcathinone (3-FMC), naphthylpyrovalerone and 2- amino-l-phenyl-l-propanone (cathinone) or any derivatives, synthetic substances and their isomers with similar chemical structure or any chemical alteration of these compounds which exhibit the same effects and/or any other substantially similar chemical structure or compound. 2. Psychoactive Bath Salts are commonly marketed under the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night and White Lightning but maybe marketed under other trade names and contain a common disclaimer that these products are "not safe for human consumption." 3. Psychoactive Bath Salts do not include normal, standard bath salts that do not contain synthetic chemical compounds listed above that elicit psychoactive or psychotropic stimulant effects. Standard bath salts primarily contain magnesium sulfate (Epsom salts), sodium chloride (table salt), sodium bicarbonate (baking soda), sodium hexametaphosphate (Calgon, amorphous/glassy sodium metaphosphate), sodium sesquicarbonate and borax. B. Psychoactive Herbal Incense is defined as follows: 1. Any organic product consisting of plant material that contains a synthetic chemical compound that elicits psychoactive or psychotropic euphoric effects including but not limited to the following: any synthetic cannabinoid compound that contains 1-pentyl-3-(1-naphthoyl) indole (JWH-018), 1-butyl-3-(1- naphthoyl)indole (JWH-073), 1-2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200), 5-(1,1-dimethylheptyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol, (CP-47,497), 5-(1,1-dimethyloctyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol, (cannabicyclohexanol; CP-47, 497 C8 homologue) or any derivatives, synthetic substances and their isomers with similar chemical structure or any chemical alteration of these compounds which exhibit the same effects and/or any other substantially similar chemical structure or compound. 2. Psychoactive Herbal Incense products are commonly marketed under the following names: K2, K3, Spice, Genie, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Stinger, Serenity, Fake Weed, Black Mamba, but may be marketed under other trade names and contain a common disclaimer that these products are "not safe for human consumption." 9-11 3. Psychoactive Herbal Incense does not include normal, standard incense that are sold as incense sticks, oils or cones that are commonly used for their aromatic qualities that do not contain any synthetic chemical compounds listed above that elicit psychoactive or psychotropic euphoric effects. C. "Distribute", "distributing" or "distribution" means and covers the following activity: to offer for sale, distribute, furnish, gift, transfer, exchange or give, to any person and each transaction of those natures made by any person, whether as principal, proprietor, agent, servant, or employee. D. "Person" means any individual, corporation, business trust, estate, trust, partnership or association, or any other entity responsible for "distributing" Psychoactive Bath Salts and Psychoactive Herbal. 9.24.30 Public Nuisance. A. It is a public nuisance for any person to distribute Psychoactive Bath Salts and Psychoactive Herbal Incense within the City of Chula Vista. B. It is a public nuisance for any person to distribute any product or substance represented as or designed to resemble Psychoactive Bath Salts and Psychoactive Herbal Incense within the City of Chula Vista. Indications of distribution of substances represented as or designed to resemble. Psychoactive Bath Salts and Psychoactive Herbal Incense shall include, without limitation, on or more of the following: the manner in which such substances are packaged, branded, described, marketed and/or portioned. C. It is a public nuisance for any person to allow the distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense on property owned, controlled or managed by such person within the City of Chula Vista. D. Merely disclaiming these products as "not safe for human consumption" will not avoid the application of this ordinance. E. These declarations of public nuisance are based upon the declaration, findings and determinations by the City Council contained in Ordinance No. adopted by the City Council on November 1, 2011. 9.24.040 Enforcement. In addition to the procedures and remedies for enforcement listed Chapter 1.30 "Abatement of Public Nuisance" the City Attorney may file a civil action seeking an injunction to obtain compliance for the abatement of this public nuisance, and any other civil procedure cause of action and remedy the City Attorney deems appropriate for abatement including but not limited to seeking an order or warrant to confiscate Psychoactive Bath Salts or Psychoactive Herbal Incense. 9-12 9.24.050 Exemption for approval by FDA or California Law. This chapter shall not apply to drugs or substances lawfully prescribed or to intoxicating chemical compounds which have been approved by the federal Food and Drug Administration or which are specifically permitted by California law. 9.24.060 Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. SECTION III. EFFECTIVE DATE. This ordinance will take effect immediately as it was approved by 4/5`~'s of this Council as an emergency ordinance pursuant to the City Charter based upon City Council's declaration that such an emergency measure was necessary to protect the public peace, health, safety and general welfare of Chula Vista citizens. Presented by G~- J~~=~ Chance Hawkins Deputy City Attorney Approved as to form by Glen Googins City Attomey 9-13 ORDINANCE NO ORDINANCE OF THE CITY OF CHULA VISTA ENACTING MUNICIPAL CODE CHAPTER 9.24 MAKING THE DISTRIBUTION OF PSYCHOACTIVE BATH SALTS AND PSYCHOACTNE HERBAL INCENSE A PUBLIC NUISANCE SUBJECT TO CIVIL PENALTIES AND ENFORCEMENT WHEREAS, the City Council is concerned for the safety and health of Chula Vista citizens because the use, sale and distribution of Psychoactive Bath Salts acid Psychoactive Herbal Incense pose serious threats to their health, safety and general welfare; WHEREAS, according to credible news reports and authorities Psychoactive Bath Salts and Psychoactive Herbal Incense have caused or been linked to numerous deaths, medical emergencies, acts of violence, and other incidents throughout the United States and Europe; WHEREAS, calls to the United States Poison Control Center have substantially increased over the past year with regard to the ill-effects of Psychoactive Bath Salts and Psychoactive Herbal Incense; WHEREAS, Psychoactive Bath Salts have been falsely marketed as standard bath salts for use in one's bath, but in fact have been ingested, snorted and used intravenously by many people throughout the United States with serious, deleterious effects to the person's health including extreme anxiety/agitation, sometimes progressing to violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts/actions, increased blood pressure and heart rate, renal and kidney failure; WHEREAS, Psychoactive Bath Salts, are in fact "designer drugs" which have been manufactured with chemical substances that are intended to mimic and recreate the effects of cocaine and methamphetamine which are illegal, controlled substances under state and federal law; WHEREAS, Psychoactive Herbal Incense has been falsely marketed as standard incense used for its aromatic qualities, but in fact been ingested or smoked by many people throughout the United States with serious, deleterious effects to the person's health including cardiac arrest, seizures, extreme anxiety/agitation, sometimes progressing to violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts/actions, increased blood pressure and heart rate, renal and kidney failure; WHEREAS, Psychoactive Herbal Incense, are in fact "designer drugs" which have been manufactured with chemical substances that are intended to mimic and 9-14 recreate the euphoric effects of marijuana which is an illegal, controlled substance under federal law; WHEREAS, recently a local youth attending Olympian High School in Chula Vista suffered a cardiac arrest after smoking Psychoactive Herbal Incense; WHEREAS, Sweetwater Union High School District recently banned Psychoactive Bath Salts and Psychoactive Herbal Incense on school property; WHEREAS, California and many other states have banned the use, sale, and distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense and the chemical substances contained therein; WHEREAS, the Federal Drug Enforcement Agency has used its emergency powers under the Controlled Substances Act to declare many of the chemical substances contained in Psychoactive Bath Salts and Psychoactive Herbal Incense illegal; WHEREAS, notwithstanding the federal and state laws, there remains serious gaps in the law that warrant further action at a local level; WHEREAS, Chula Vista retailers are or should be aware of the significant ill- effects of Psychoactive Bath Salts and Psychoactive Herbal Incense, yet some continue to sell these dangerous products; WHEREAS, the ordinance is not designed to control the use, sale or distribution of normal bath salts or incense that do not contain designer chemical compounds that elicit psychotropic effects; WHEREAS, based upon on the facts described above, and other good and reliable information presented to and considered thereby, the City Council determined that the distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense within the City of Chula Vista constitutes a public nuisance because it is injurious to the health, safety and general welfare of Chula Vista citizens; WHEREAS, the City has the authority to regulate matters relating to municipal affairs pursuant to its Charter in addition to the authority provided by Government Code § 38771 authorizing municipalities to declare public nuisances; and WHEREAS, the City Council determined that emergency measures are warranted given the immediate and serious threat to the public peace, health, safety and general welfare of the community posed by Psychoactive Bath Salts and Psychoactive Herbal Incense: NOW, THEREFORE, the City Council of the City Of Chula Vista does, hereby, ordain as follows: 9-15 SECTION I. Based upon the facts described above, and other good and reliable information presented to and considered thereby, the City Council finds, determines and declares that: A. The distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense within the City of Chula Vista is a public nuisance; and B. This ordinance is necessary as a measure for preserving the public peace, health, safety and general welfare of the community given the immediate and serious threat thereto posed by the distribution and use of Psychoactive Bath Salts and Psychoactive Herbal Incense. SECTION II. Chapter 9.24 of Chula Vista Municipal Code is hereby approved and enacted as follows: Chapter 9.24 DISTRIBUTION OF PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND LIKE PRODUCTS A PUBLIC NUISANCE Sections: 9.24.010 Purpose and Intent. 9.24.020 Definitions. 9.24.030 Public Nuisance. 9.24.040 Enforcement. 9.24.050 Exemption for approval by FDA or California Law. 9.24.060 Severability. 9.24.010 Purpose and Intent. The purpose and intent of this ordinance is to address the dangers to the community posed by the distribution and use of Psychoactive Bath Salts, Psychoactive Herbal Incense, and similar products, and to provide the City with reasonable measures to abate the public nuisance created by such conduct. 9.24.020 DeSnitions. A. Psychoactive Bath Salts are defined as follows: 1. Any crystalline or powder product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects including but 9-16 not limited to the following substances: 3,4-Methylenedioxymethcathinone (Methylene), 3,4-Methyenedioxypyrovalerone (MDPV), 4-Methylmethcathinone (Mephedrone), 4-methoxymethcathinone (Methedrone), 4-Fluoromethcathinone (Flephedrone), 3-Fluoromethcathinone (3-FMC), naphthylpyrovalerone and 2- amino-l-phenyl-l-propanone (cathinone) or any derivatives, synthetic substances and their isomers with similar chemical structure or any chemical alteration of these compounds which exhibit the same effects and/or any other substantially similar chemical structure or compound. 2. Psychoactive Bath Salts are commonly marketed under the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night and White Lightning but maybe marketed under other trade names and contain a common disclaimer that these products are "not safe for human consumption." 3. Psychoactive Bath Salts do not include normal, standard bath salts that do not contain synthetic chemical compounds listed above that elicit psychoactive or psychotropic stimulant effects. Standard bath salts primarily contain magnesium sulfate (Epsom salts), sodium chloride (table salt), sodium bicarbonate (baking soda), sodium hexametaphosphate (Calgon, amorphous/glassy sodium metaphosphate), sodium sesquicarbonate and borax. B. Psychoactive Herbal Incense is defined as follows: 1. Any organic product consisting of plant material that contains a synthetic chemical compound that elicits psychoactive or psychotropic euphoric effects including but not limited to the following: any synthetic cannabinoid compound that contains I-pentyl-3-(1-naphthoyl) indole (JWH-018), 1-butyl-3-(1- naphthoyl)indole (7WH-073), 1-2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200), 5-(1,1-dimethylheptyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol, (CP-47,497), 5-(1,1-dimethyloctyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol, (cannabicyclohexanol; CP-47, 497 C8 homologue) or any derivatives, synthetic substances and their isomers with similar chemical structure or any chemical alteration of these compounds which exhibit the same effects and/or any other substantially similar chemical structure or compound. 2. Psychoactive Herbal Incense products are commonly marketed under the following names: K2, K3, Spice, Genie, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Stinger, Serenity, Falce Weed, Black Mamba, but maybe marketed under other trade names and contain a common disclaimer that these products are "not safe for human consumption." 9-17 3. Psychoactive Herbal Incense does not include normal, standard incense that are sold as incense sticks, oils or cones that are commonly used for their aromatic qualities that do not contain any synthetic chemical compounds listed above that elicit psychoactive or psychotropic euphoric effects. C. "Distribute", "distributing" or "distribution" means and covers the following activity: to offer for sale, distribute, furnish, gift, transfer, exchange or give, to any person and each transaction of those natures made by any person, whether as principal, proprietor, agent, servant, or employee. D. "Person" means any individual, corporation, business trust, estate, mist, partnership or association, or any other entity responsible for "distributing" Psychoactive Bath Salts and Psychoactive Herbal. 9.24.30 Public Nuisance. A. It is a public nuisance for any person to distribute Psychoactive Bath Salts and Psychoactive Herbal Incense within the City of Chula Vista. B. It is a public nuisance for any person to distribute any product or substance represented as or designed to resemble Psychoactive Bath Salts and Psychoactive Herbal Incense within the City of Chula Vista. Indications of distribution of substances represented as or designed to resemble Psychoactive Bath Salts and Psychoactive Herbal Incense shall include, without limitation, on or more of the following: the manner in which such substances are packaged, branded, described, marketed and/or portioned. C. It is a public nuisance for any person to allow the distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense on property owned, controlled or managed by such person within the City of Chula Vista. D. Merely disclaiming these products as "not safe for human consumption" will not avoid the application of this ordinance. E. These declarations of public nuisance are based upon the declaration, findings and determinations by the City Council contained in Ordinance No. adopted by the City Council on November 1, 2011. 9.24.040 Enforcement. In addition to the procedures and remedies for enforcement listed Chapter 1.30 "Abatement of Public Nuisance" the City Attorney may file a civil action seeking an injunction to obtain compliance for the abatement of this public nuisance, and any other civil procedure cause of action and remedy the City Attorney deems appropriate for abatement including but not limited to seeking an order or warrant to confiscate Psychoactive Bath Salts or Psychoactive Herbal Incense. 9-18 9.24.050 Exemption for approval by FDA or California Law. This chapter shall not apply to drugs or substances lawfully prescribed or to intoxicating chemical compounds which have been approved by the federal Food and Drug Administration or which are specifically permitted by California law. 9.24.060 Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. SECTION III. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by /~~ ,. ~-. _ -~' '~/ Chance Hawkin Deputy City Attorney Approved as to form by C~~~F~2 GPI Glen G ~ City Attorney 9-19 U I t« ~. ~»~ ~ ~~6 . ~~~ ~~~~ Drug Fact Sheet DEA; Bath Salts or Designer Cathinones (Synthetic Stimulants) Overview Synthetic stimulants that are marketed as "bath salts" are often found in a number of retail products. These synthetic stimulants are chemicals. The chemicals are synthetic dedvatives of cathinone, a central nervous system stimulant, which is an active chemical found naturally in the khat plant. Mephedrone and MDPV (3-4 methylene- dioxypyrovalerone) are two of the designer cathinones most commonly found in these "bath salt" products. Many of these products are sold over the Internet, in convenience stares, and in "head shops." Street names Bilss, Blue Silk, Cloud Nine, Drone, Energy-1, Ivory Wave, Lunar Wave, Meow Meow, Ocean Burst, Pure Ivory, Purple Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, Whita Dove, White Knight, White Lightening Looks like "Bath salt" stimulant products are sold in powder farm in small plastic or foil packages of 200 and 500 milligrams under various brand names. Mephedrone is a fine white, off-white, or slightly yellowcolored powder. It can also be found in tablet and capsule form. MDPV is a fine white or off-white powder. Methods of abuse "Bath salts" are usually ingested by sniffing/snorting. They can also be taken orally, smoked, or put into a solution and injected into veins. Affect on mind People who abuse these substances have reported agitation, insomnia, irritability, diuiness, depression, paranoia, delusions, suicidal thoughts, seizures, and panic attacks. Users have also reported effects including impaired perception of reality, reduced motor control, and decreased ability to think clearly. Affect on body cathinone dedvatives act as centre) nervous system stimulants causing rapid heart rate (which may lead to heart attacks and strokes), chest pains, nosebleeds, sweating, nausea, and vomiting. Drugs causing similar effects Drugs that have similar effects include: amphetamines, cocaine, Khat, LSD, and MDMA. Overdose effects These substances are usually marketed with the warning "not intended for human consumption." Any time that users put uncontrolled or unregulated substances into their bodies, the effects are unknown and can be dangerous. Legal status in the United States Mephedrone has no approved medical use in the United States. It is not specifically scheduled under the Controlled Substances Act, but it is a chemical analogue of methcathinone, which is a Schedule I controlled substance. Incidents involving mephedrone can be prosecuted under the Federal Analog Act of the Controlled Substances Act. .MDPV (3,4- methylenedioxypy-rovalerone) has no approved medical use in the United States. MDPV is not scheduled under the CSA. Common places of origin Law enforcement officials believe that the stimulant chemicals contained in these products are manufactured in China and India and packaged for wholesale distribution in Eastern Europe. Many countries have banned these products. ®rug Enforcement Administratdon • Fo o nformation, visit www.dea.gov There are excellent NEWS stories on "Spice" available at the KUSI television website. Go to www.KUS~.com and do a search for "Spice",then click on the links. One story is titled "DEA warns of synthetic pot dangers". Please watch the videos! Drug Fact Sheet GetSm3rt~4boutDrugs A Resourrefar Patents Imm the DFA ,• r K2 K2 or "Spice" is a mixture of herbs and spices that is typically sprayed with a synthetic compound chemically similar to THC, the psychoactive ingredients in marijuana. The chemical compounds typicallytndude HU-210, HU-211, JWH-018, and JWH-073. f(2 is commonly purchased in head shops, tobacco shops, various retail outlets, and over the Intemet. It is often marketed as incense or'Yake weed." Purchasing over the Intemet can be dangerous because it is not usually known where the products come Tram or what amount of chemical is on the organic material. Street names Bilss, Black Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai Looks like K2 is typically sold in small, silvery plastic bags of dried leaves and marketed as incense that can be smoked. It Is said to resemble potpourri. Methods of abuse K2 products are usually smoked in joints or pipes, but some users make it into a tea. Affect on mintl Psychological effeds are similar to those of marijuana and include paranoia, panic attacks, and giddiness. Affect on body Physiological effects of K2 indude increased heart rate and increase of blood pressure. It appears tc be stored in the body for long periods of time, and therefore the long-tens effeds on humans are not fully known. Drugs causing similar effects Marijuana Overdose effects Thera have been no reported deaths by overdose. Legal status in the United States K2's key ingredients are not currently regulated in the United States. They have been banned or made illegal In some European countries, and the U.S. military has banned the use of these products. **** Please contact People Against Spice Sales (PASS) for more information and to learn how you can become involved. Join our facebook group People Against Sales or errai@ us at stopspice c~~at~aii.com ~~~* Slice ~~~%~~i/ ~x ~~~7~ ,,,, ~: ~: ~; ~' 'G '~ k. Y.` Increasing Abuse of Bath Salts U S DEPARTMENT O F J U S T I C E EWS Report 000007 December 17, 2010 This SENTRY Watch is based on source materials that have not been validated and/or researched by the National Drug Intelligence Center (NDIC). It is intended to serve as an immediate alert to law enforcement and public health officials of potential substance abuse. Law enforcement offtcials throughout the country are reporting that products promoted as bath salts have become prevalent as a drug of abuse. Bath salts have recently appeared in some of the same retail outlets that previously sold synthetic cannabinoid products such as K2 and Spice, and also are available via the Internee Bath salts are abused as recreational drugs typically by injection, smoking, snorting, and, less often, by the use of an atomizer. Effects include agitation, an intense high, euphoria, extreme energy, hallucinations, insomnia, and making abusers easy to anger. Preliminary testing indicates that the active ingredients in many brands contain MDPV (3,4- methylenedioxypyrovalerone) and/or mephedrone. The abuse of bath salts and similar substances appears to be increasing, especially over the past 12 months. As synthetic cannabinoids are scheduled in various locations, many of their users begin to abuse bath salts. In addition to bath salts, these products are marketed as bath crystals, plant food, and herbal incense. Numerous brands are marketed in a1150 U.S. states and via ffitemet web sites. Common brand names include Blue Silk, Charge+, Ivory Snow, Ivory Wave, Ocean Burst, ~, Pure Ivory, Purple Wave, Snow Leopazd, Stardust (Star Dust), Vanilla Sky, White Dove, White .-... -- ~--`---'' Knight, and White Lightening. In central Pennsylvania, these substances have been offered for sale under the brand name "Blizzard." The Blizzazd brand is described as a white, odorless, fine-grained powder similar in appearance to baby powder or flour (see photo). Many other brands are a tan or brown powdery substance. 9-22 A-ert Watch December 17, 2010 These products are readily available at convenience stores, discount tobacco outlets, gas stations, pawnshops, tattoo parlors, and truck stops, among other locations. Packaging typically includes a disclaimer, such as "not for human consumption." The various brands are sold in 50-milligram to 500- milligrampackets. Prices range from $25 to $50 per 50-milligram packet. These products have been widely available in the United Kingdom for at least several years. This year, a number of overdoses have been reported in the United Kingdom, including some deaths. A ban of bath salt products that contain MDPV went into effect in the United Kingdom on April 16, 2010. Nationwide, male and female abusers of these substances range from teenagers to those in their 40s, often with an extensive history of drug abuse. Some abusers describe the effects as similar to methamphetamine, ecstasy, and cocaine, and one referred to the substances as "complete crank" while others used the term "fake cocaine." The genesis of this watch was originally posed as a SENTRYListServ question on December 7, 2010. Posted: December 17, 2010 Photo Credit: WJAC-TV POC: SENTRY Management Team, www.iustice.>;ov/ndic/sentry or (814) 532-5888 If you would like to report an emerging drug issue in your area or have questions or comments about SENTRY, please e-mail us at www sentry.usdoi.gov or visit us at www.iustice.gov/ndiGsentrv 319 Washington Street 5th Eloor, .Dohnstown, E'A 15901-1622 ~ (614) 532-4601 ~©~~ Pv~b9ooato®ns are avao~a~b~e a@ ww+m.iustice.oovlndic 9-23 2 Assembly BiII No. 486 CHAPTER 656 An act to add Section 113755 to the Health and Safety Code, relating to controlled substances, and declaring the urgency thereof, to take effect immediately. [Approved by Governor October 9, 20l I. Filed with Secretary of State October 9, 2011.] LEGISLATIVE COUNSEL'S DIGEST AB 486, Hueso. Controlled substances. Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law also prohibits the sale or possession for sale of various controlled substances, including opiates, as well as (heir isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of those isomers, esters, ethers, and salts fall within a specific chemical designation. This bill would make it a crime, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both thatfine and imprisonment, to sell, dispense, distribute, furnish, administer, or give, to offer to sell, dispense, distribute, famish, administer, or give, or to possess for sale, any synthetic stimulant compound or any specified synthetic stimulant derivative, including naphthylpyrovalerone and 2-amino-I-phenyl-l-propanone. By creating new crimes, this bill would impose astate-mandated local program upon local governments. The bill would also specify that nothing in this bill would prohibit prosecution under any other provision of law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making That reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency stam[e. The people of the State of California do enact as follows SECTION 1. Section 11375.5 is added to the HealUi and Safety Code, to read: 11375.5. (a) Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, famish, 92 9-24 Ch. 656 - z - administer, or give, any synthetic stimulant compound specified in subdivision (b), or any synthetic stimulant derivative, to airy person, or who possesses that compound or derivative for sale, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (b) Unless specifically excepted, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, or unless listed in another schedule, subdivision (a) applies to any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers whenever the existence of such salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers is possible within any of the following specific chemical designations: (1) Naphthylpyrovalerone whether or not further substituted in the naphtlryl ring to any extent with alkyl, alkoxg allrylenedioxy, haloalkyl, or halide subs[ituents, whether or not further substituted in the naphthyl ring by one or more other univalent substiments, or whether or not further substituted in the carbon chain at the 3-, 4-, or 5-position with an alkyl substituent. (2) 2-amino-l-phenyl-l-propanone(cathinone)orvariationin any of the following ways: (A) By substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substiments, whether or no[ further substituted in the phenyl ring by one or more other univalent substiments. (B) By substitution at the 3-position with an alkyl substiment. (C) By substitution at the nitrogen atom with alkyl, diallgl, or benzyl groups, or by inclusion of the nitrogen atom in a cyclic structure. (c) This section shall not prohibit prosecution under any other provision of law. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constimtion because the only costs that maybe incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constimtion. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constimtion and shall go into immediate effect. The facts constituting the necessity are: 92 9-25 3 _ Ch. 656 In order to prevent any harm that maybe caused by the synthetic stimulant compounds and derivatives specified in this act at the earliest possible rime, i[ is necessary that this act take effect immediately. O 92 9-26 Senate Bill No. 420 CHAPTER 420 An act to add Section 11357.5 to the Health and Safety Code, relating to controlled substances. [Approved by Governor October 2, 2011. Piled with Secretary of State October 2, 201 L] LEGISLATIVE COUNSEL'S D[GEST SB 420, Hernandez. Synthetic cannabinoid compounds. Existing law, the California Oviform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Under existing law, the sale or distribution of specified intoxicating substances is a crime, punishable by imprisonment or a fine or both. Existing law makes the possession of not more than 28.5 grams of marijuana an infraction, and the possession of mare than 28.5 grams of marijuana a misdemeanor, as specified. Existing law makes possession of marijuana for sale a felony. This bill would make it a misdemeanor to sell, dispense, distribute, furnish, administer, or give, or offer to sell, dispense, distribute, furnish, administer, or give, or possess for sale any synthetic cannabinoid compound or any synthetic cannabinoid derivative. Because this bill would create a new crime it would impose astate-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of Californin do ennct cas follows: SECTION L Section 11357.5 is added to the Health and Safety Code, to read: 11357.5. (a) Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, famish, administer, or give, or possesses for sale any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, to any person, is guilty of a misdemeanor punishable by imprisonment in a countyjail not exceeding six months, or by a fine not exceeding one thousand dollars ($ I,000), or by both that fine and imprisonment. 95 9-27 Ch. 420 - 2 - (b) As used in this section, the term "synthetic cannabinoid compound" refers to any of the following substances: (I) 1-pentyl-3-(i-naphthoyl)indole(JWH-018). (2) 1-butyl-3-(1-naphthoyl)indole (JWH-073). (3) L-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyt)indole (JWH-200). (4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol <cp-a~,497~. (5) 5-(1,l-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl}phenol (cannabicyclohexanol; CP-47, 497 CS homologue). SEC. 2. 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M M--+ • F-+ ~• ~--~ ,--, . CD O O ~. _~ _, ,~ .~ ~. b CD O (D (TG ~--~ ~--~ • n CD ~--~ n b u n 0 n H O ~--. O ~~~ ~ SWEETWATER UNION HIGH SCHOOL DISTRICT Edward M. Brand, Ed.D. Superintendent October 31, 2011 Mayor Cheryl Cox City of Chula Vista 476 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Cox, OFFICE OF THE SUPERINTENDENT 1130 Fifth Avenue • Chula Vista, California 91911-2896 (619) 691-5555 • FAX (619) 498-1997 I am writing to encourage the City of Chula Vista City Council pass an ordinance that bans the sales of synthetic drugs within the city limits. If possible, I ask that the ordinance also include a ban on possession for personal use. As you know, the Sweetwater Union High School District became the first school district in San Diego County, and I believe, the first district in the state, to ban possession of synthetic drugs on campus. We recognize the devastating effects these drugs can have on our students and on their families. While we are grateful for state legislation that makes sales of synthetic drugs a misdemeanor, we realize local initiatives give our law enforcement partners more tools to intercept crimes before they become an epidemic. Such an ordinance would also allow Sweetwater school administrators with additional authority in enforcing our safety regulations regarding synthetic drugs on campus. We see a growing number of parents and community members becoming involved in this fight against synthetic drugs. We join our voices with theirs in stopping this blight in our community. Sincerely, ~ --=-~'~ ~ -- , ,. ~_.- __ ~ . Edward M. Brand, Ed.D. Superintendent C Deputy Mayor Rudy Ramirez Councilmember Pat Aguilar /Councilmember Pamela Bensoussan ~1 Councilmember Steve Castaneda The Stiveetwater Union Hr~brh School District will fulfill the promise of 100% student success. Sweetwater Union High school District programs arzd activities shall be free from discrimination based orz gender, sex, race, color, religion, ancestry, national origin, ethnic group identification, marital or parental status, physical or mental disability, sexual orientation or the perception of one or more of sazch characteristics. SUHSD board Policy 0410. ~~'~~h~ SWEETWA-TER UNION HIGH SCHOOL DISTRICT John McCann President, Board of Trustees November 1, 2011 Mayor Cheryl Cox City of Chula Vista 476 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Cox, Office of the Board of Trustees • 1130 Fifth Avenue • Chula Vista, California 91911-2896 (619) 585-4405 • FAX (619) 407-4980 As President of the Board of Trustees of the Sweetwater Union High School District, I am writing to express the board's support of the City Council adopting ordinances declaring the distribution of psychoactive bath salts and psychoactive herbal incense a public nuisance subject to civil penalties and enforcement. On October 17, 201 1, the Sweetwater School District became the first district in San Diego County to ban the possession and use of synthetic drugs on district campuses. The board, recognizing the health and safety hazards of these drugs, unanimously approved this policy change. We support the City Council for taking steps towards eliminating these dangerous substances from our community. We are proud of the strong parent advocates in our district who have taken the initiative to inform administrators, parents, and community organizations regarding the growing use of synthetic drugs. We appreciate the City of Chula Vista joining in this fight and we encourage you to approve these new ordinances. Sincerely, John McCann President, Board of Trustees cc: Deputy Mayor Rudy Ramirez Councilmember Pat Aguilar Councilmember Pamela Bensoussan Councilmember Steve Castaneda ~ ~~~r