HomeMy WebLinkAbout2011/12/13 Item 19TY COUNCIL
STATEMENT
~t«i ciTV of
"~'~CHULAVISTA
December 13, 2011 Item No. )~
ITEM TITLE: REPORT AND ACTION ON PUBLIC SAFETY SUBCOMMITTEE
RECOMMENDATION REGARDING PSYCHOACTIVE HERBAL
INCENSE AND BATH SALTS
RESOLUTION SUPPORTING STATEWIDE LEGISLATION
CRIMINALIZING POSSESSION OF PSYCHOACTIVE HERBAL
INCENSE AND BATH SALTS
SUBMITTED BY: CITY ATTORNEY' FFICE~
CITY MANAGE
REVIEWED BY: CHIEF OF POLICE ~Yl/
i 4/STHS VOTE: YES ^ NO
SUMMARY
This item presents for City Council consideration the action recommended by the Public Safety
Subcommittee following a hearing on November 3Q, 2011, with regard to psychoactive herbal
incense and bath salts.
On November 1, 2011, Council approved the nuisance ordinance declaring the sale and
distribution of psychoactive herbal incense (i.e., "spice") and psychoactive bath salts a public
nuisance. Council also directed staff to evaluate the criminalization of personal possession and
present their recommendations to the Public Safety Subcommittee on November 30`h with the
Subcommittee's recommendation on this issue coming back to Council on December 13tH
In short, the greatest challenge to enforcing a local criminal law is the issue of adequate scientific
testing. Without reliable and reasonably available scientific testing to detect the numerous
compounds contained in both psychoactive herbal incense and bath salts, criminalizing personal
possession at this time would not be effective.2
The City Attorney's Office, after conferring with the Police Department and other agencies
statewide, has developed a confiscation model for its police officers that would help achieve one
of the primary objectives of a local law on criminalizing personal possession: getting these
~ The staff report on the nuisance ordinance is attached to this staff report as it contains ample information about the
testing issue and criminalization of personal possession.
z The staff report also contains an update on the status of the scientific teseing issue prepared by Crime Lab Director
Craig Ogino.
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dangerous out of the hands of users. Like the nuisance model the confiscation approach uses
existing tools and resources in a novel manner. The Public Safety Subcommittee endorsed this
recommendation and approach and the Police Department is supportive of it.
The confiscation approach can be supported by a simple minute resolution contained in this staff
report.
In addition, the Public Safety Subcommittee would like to see continued advocacy of a statewide
approach to criminalizing personal possession. Pursuant to the Public Safety Subcommittee's
guidance on this issue (and consistent with the recent request by Mr. Perno of People Against
Spice Sales or P.A.S.S.) staff has prepared a resolution supporting this goal.
Substantial support and guidance on this issue has again been provided by Councilmembers
Castaneda and Aguilar who comprise the Public Safety Subcommittee and P.A.S.S. who has
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.
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 approve the confiscation approach by minute resolution and adopt the resolution
supporting statewide criminalization of personal possession.
BOARDS/COMMISSION RECOMMENDATION
On November 30`", the Public Safety Subcommittee held a public hearing on the personal
possession issue wherein they adopted the recommendations of staff and provided further
direction on this issue. This item implements that request and direction.
DISCUSSION
Confiscation Model.
The confiscation protocol would be dependent on officer discretion in the field but would occur
in the following circumstances:
Officers would confiscate spice and bath salts when they locate these substances when
undertaking:
^ Search Incident To Arrest.
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• Probable Cause To Search a Suspect.
• Reasonable Suspicion for a Pat Down.
• Executing a Search Warrant.
• Search Based on Consent; and
• Search Based on 4`h Amendment Waiver.
Officers would confiscate spice and bath salts during standard criminal investigations (e.g.,
truancy sweeps).
The advantages to this approach are:
1) It would permit the officers to immediately confiscate spice and bath salts
products;
2) Persons possessing these substances will receive direct notification of the danger
of these substances;
3) The parents of any youth contacted by police officers will receive notification of
the danger of these substances;
4) It plugs into existing operational framework of CVPD without unduly burdening
patrol operations or having officers being trained on enforcing a new criminal
law;
5) The City does not need to depend on other agencies (District Attomey's Office,
other law enforcement agencies) for enforcement guidance and coordination;
6) It avoids the challenges in prosecuting criminal laws against constantly morphing
chemical compounds in the absence of effective field and laboratory testing; and
7) The ultimate result is that spice and bath salts will be taken off the streets and out
of the hands of these individuals.
Following confiscation, spice and bath salts would be stored at CVPD for a certain period of
time and then destroyed in accordance with legally defensible protocol.
The confiscation protocol will be implemented through a brief training advisory to Chula Vista
police officers. Staff will provide Council with a copy of the training advisory when it is
completed.
District Attornev's Office On Local Ordinance Criminalizing Personal Possession.
In staff's discussions with the high-ranking representatives of the District Attorney's Office, they
indicated strong support for the City's ordinance malting the local sale and distribution of spice
and bath salts a public nuisance. They also indicated their preference for a statewide approach to
criminalizing possession in order to allow for a consistent and uniform approach to enforcement.
It is difficult for the District Attorney's Office to customize its criminal enforcement
mechanisms jurisdiction to jurisdiction. Currently the District Attorney does not have a system
set up where it can enforce a local city ordinance at the request of a San Diego County city nor
does it currently do so for any San Diego County city including Chula Vista.
///
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Update On Issue Of Testing (Prepared By Crime Lab Director Craig OQino).
As stated above, the crucial issue with regard to the criminalization of personal possession is
whether the current state of scientific testing is adequate to institute criminal proceedings vis-a-
vis constitutional due process safeguards. Police Chief David Bejarano requested the Crime Lab
Director to look into this issue and he has reported the following:
Screening~Field) Tests for Bath Salts and Spice.
In January 2012 there will be a screening test for two of the more common bath salts
Methylenedioxypyrovalerone (MDPV) and Mephedrone. The other compounds contained in
psychoactive bath salts (roughly 30 total) will still not have a screening test. The tests will cost
approximately $2.00 per testing kit.
There is no screening test for Spice.
Analysis of Bath Salts and Spice
Craig Ogino spoke with Mike Grubb (Lab Director) and Rich Debevick (Supervising Drug
Criminalist) at the San Diego Sheriff's Crime Lab and they both indicated they will be obtaining
the standards for the analysis for both bath salts and spice.
Because they are an accredited crime lab they will have to conduct a validation study which
includes determining minimum detection limits, false positives, false negatives, breakdown
products in the analysis process, positive, negative controls to be run, and write a protocol for
analysis.
They anticipate this to be completed by the middle of January 2012
They also indicated since these are misdemeanors that they would not take first priority in their
analysis. The Sheriff's Crime Lab has never charged the City of Chula Vista for any testing
related to state law violations.
Toxicological Analysis of Bath Salts and Spice.
Possession laws, in order to be the most effective, are generally coupled with laws regarding
"under the influence." In order to prove "under the influence" where drugs like spice and bath
salts are involved, both the solid-dose analysis and toxicological (blood or urine) analysis is
needed.3
The San Diego Sheriff s Crime Lab is not capable of doing this analysis and the blood and urine
sample would have to be sent to an outside lab.
Mr. Ogino has contacted the local toxicology lab (Biotox) that most crime labs in Southern
California use and they indicated they do not do this analysis. This lab advised that any sample
a This same type of analysis would also be required for monitoring the probation terms of a convicted offender (i.e.,
whether or not the individual has continued to use spice or bath salts).
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would need to be sent to a lab in Pennsylvania (National Medical Services, NMS). This is a very
difficult analysis because the drug you are looking for. many times metabolizes in your body and
changes its structure. For example cocaine turns into benzylegonine in your body and heroin
turns into morphine in your body. Toxicologists must know what the metabolites are for the
substance in question.
The problem with bath salts and spice is that the drug in question keeps changing so determining
the metabolites in the body is difficult.
To determine the metabolite you have to purposefully give someone the drug in question and see
what it turns into in their body. Federal and State laws in many instances prevent these types of
studies.
Many times without this toxicological analysis the District Attorney will choose not to prosecute
because of the proof problems presented.
The NMS lab in Pennsylvania will do this analysis and the cost for bath salts in blood is $192
and urine is $120 plus $40 for shipping and handling. The price for spice in blood is $195 and
urine is $95 plus $40 for shipping and handling. They only run 12 metabolites for spice but there
are about 30 different types of spice on the market so some may be missed.
The cost to bring an analyst from Pennsylvania to San Diego to testify could be very costly.
Update On Nuisance Ordinance Enforcement Plan.
Staff has undertaken the initial steps for enforcing the nuisance ordinance:
• Letters from the Chief of Police have been mailed out to all Chula Vista
retailers on the nuisance ordinance Council approved on November 1,
2011;
• Senior Volunteer Patrol has undertaken inspections of all listed Chula
Vista retailers and they are 75% complete at this point (the initial reports
are that all retailers inspected have complied with the nuisance ordinance);
^ If a retailer has been identified as out of compliance follow-up inspections
may be required after the initial inspection to determine whether
compliance has been achieved (if not, the City Attorney's Office will
contact the retailer to notify them of enforcement proceedings prior to
undertaking them); and
• Staff continues to support the tireless efforts of P.A.S.S. in their public
education and outreach efforts.
Staff would also like to give credit to the Neighborhood Market Association for
requesting that their members refrain from selling these products. Staff believes that
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Neighborhood Market Association retailers have largely been compliant with this request
based on the investigations Senior Volunteer Patrol has undertaken to date.
Conclusion And Minute Resolution.
Staff requests that the City Council implement the Public Safety Subcommittee's
recommendations on this issue summarized above. Specifically, staff requests that
Council approve a minute resolution approving the confiscation model approach.
Staff will continue to assess whether a local misdemeanor ordinance would be feasible
given the expense of testing and whether the science of testing will be sufficient to
support criminal prosecution. Staff will continue to coordinate with the District Attorney
on criminalization efforts.
Staff will also continue to coordinate with PASS, local schools, and the community on
spreading the message about the dangers of spice and bath salts and on supporting state
legislation criminalizing possession.
Finally, staff will continue to implement the public nuisance ordinance and prepare standard
documents, tracking and policies to ensure compliance is achieved. Staff will report back to
Council at different stages of program implementation and discuss program enforcement and
costs.
DECISION MAKER CONFLICT
This item is not site-specific therefore there are no conflicts based on the 500-foot proximity of
councilmember property holdings.
CURRENT FISCAL IMPACT
Staff resources will be 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. Staff does
not expect the Police Department to suffer any fiscal impact as a result of the confiscation model.
Going forward, staff will monitor and report to City Council on fiscal impacts.
ONGOING FISCAL IMPACT
Staff resources will be 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. Staff does
not expect the Police Department to suffer any fiscal impact as a result of the confiscation model.
Going forward, staff will monitor and report to City Council on fiscal impacts.
ATTACHMENTS
1. November 1, 2011 staff report on Spice and Bath Salts Nuisance Ordinance.
Prepared by: Chance Hawkins, Deputy Ciry Attorney, City Attorney's Office
19-6
TY COUNCIL
STATEMENT
~`~~~ CITY OF
'"~" CHULA VISTA
November 1, 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
PSYCHOACTNE 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~F'ICF ''~F~,f 6 6
CHIEF OF POLICE ~~~
REVIEWED BY: CITY MANAGEIj/1 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.
~~~
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1]/1111, Item No. 9
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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
wam people of the dangers of "spice" and "bath salts" and to discourage their distribution attd
use.
City staff will also report on options and issues relating to the proposed local regulation and
briminalization 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 RECONIMENDATION
The Public Safety Subcommittee, on October 12"', 201 I, 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 impletnents that request and direction.
DISCUSSION
Background.
The distribution and use of psychoactive herbal incense (most commonly mazketed 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 aze "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,
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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 [heir 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 inchtde 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 - syuthetic compounds contained
in psychoactive bath salts, SB 420 -synthetic cannabinoid compounds) that have both been
signed by the Govemor~ (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 primazy gaps azise 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.z
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.
~ Moreover, it tray even be a challenge to obtain expert testimony that a new compound is technically similar to the
illegal compound if a chemist believes that this representation does not comport with the established practices and
standazds of the profession.
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"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 similaz products)3; 5) the nuisazice approach beazs the legal burden of a civil, and
not criminal, action4; 6) a nuisance approach incorporates a "fitll cost of recovery" model where
staff time investigating the nuisance is recouped (criminal enforcement cannot include "fiill 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. 4`h 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 ttse
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 primazy 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 Adoptino the Ordinance as an Emeraencv 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 shou]d 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
froth the use of psychoactive bath salts and psychoactive herbal incense bear a strong potential
~ 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 ordinuy person.
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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 acid 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 fimding and staffing for
an effective enforcement program. The new state laws aze unfunded);
• Educate known retailers on the state of California 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 haw
best to undertake criminal enforcement};
• Police Department and City Attorney 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 aze 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 Attorney's Office will continue to meet with both Code Enforcement and Police
Department staff to: I) 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'
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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, crilinal
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 Sheriffs
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 Crom the District Attorney on how to undeital:e
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 Cour[s (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 Utese 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,
~b
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Community Innut/Outreach
Significant community input has been provided through the Public Safety Subcommittee public
hearings on the issue which took place August 3rd, 2011, and October 12`x' 20I 1. 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 fares
regarding these substances.
DECISION MAKER CONFLICT
This item is not site-specific therefore there are no conflicts based on the 500-foot proximity of
councihnember 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, Ciry Attorney's Once
19-13
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 trse, 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 Incettse have caused or been lin]<ed 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 tln'oughout 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
7
19-14
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 Dnig 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 i11-
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:
19-15
SECTION L Based upon the facts described above, and other good and reliable
information presented to and consideeed 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 itnmediate
and serious threat thereto posed by the distribution and use of Psychoactive Bath Salts
and Psychoactive Herbal Incense.
SECTION II. Chapter 9?4 of Chula Vista Municipal Code is hereby approved
and enacted as follows:
Chapter 9.24
DISTRIBUTION OF PSYCHOACTIVE BATII 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 Tutent.
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
19-16
not limited Yo the following substances: 3,4-Methylenedioxymethcathinone
(Methylone), 3,4-Methyenedioxypyrovalerone (MDPV), 4-Methylmethcathinone
(Mephedrone), 4-methoxytnethcathinone (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 wluch exhibit the same effects and/or any other substantially similar
chemical stnichue 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, lvory 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
mazketed 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 no[ 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-(i-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 CS 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: KZ, K3, Spice, Genie, Smoke, Pot-Pourri, Buzz, Spice 99,
Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Bhte,
Stinger, Serenity, Fake Weed, Black Mamba, but maybe marketed under other
trade names and contain a common disclaimer that these products are "not safe for
human consumption."
19-17
3. Psychoactive Herbal Incense does not include normal, standard incense
that are sold as incense sticks, oils or cones that aze 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, exchaztge 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 tntst, 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 4vithin 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 oT
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 V ista.
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 Ilse 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.
~'L
19-18
9 ?4.050 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 Counci] 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 Approved as to farm by
~_,>~~-~
Chance Hawkins
Deputy City Attorney
l,- ,. "'~~ ~'oe G2~
Glen Googins
City P:ttomey
~'V
19-19
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING STATEWIDE LEGISLATION
CRIMINALIZING POSSESSION OF PSYCHOACTIVE
HERBAL INCENSE AND BATH SALTS
WHEREAS, the City of Chula Vista values the health and welfare of its citizens; and
WHEREAS, synthetic drugs, aka: "Spice", "K-2" and MDPV "Bath Salts," which the
City has termed as "Psychoactive Herbal Incense" and "Psychoactive Bath Salts" are currently
being purchased and used by Chula Vista citizens; and
WHEREAS, the Chula Vista Police Department has expressed their concern about the
public health danger that synthetic drugs pose to our community; and
WHEREAS, on November 1, 2011, the City of Chula Vista has passed a nuisance
ordinance declaring the sale and distribution of Psychoactive Herbal Incense and Psychoactive
Bath Salts a public nuisance; and
WHEREAS, local law enforcement agencies are limited in the actions they can take at
the present time, due to a need for new laws to address these new threats to the health and safety
of everyone in our community; and
WHEREAS, local law enforcement has no ability to arrest individuals for personally
possessing any of these dangerous substances; and
WHEREAS, local law enforcement believes that a law criminalizing possession would
transmit a compelling message and give law enforcement an additional tool that could result in a
reduction of use of these substances, which, in turn, would alleviate the significant public safety
concerns and impact on resources related to the use of these substances; and
WHEREAS, a statewide approach to criminalizing personal possession would result in a
consistent and uniform approach to this issue to the benefit of prosecuting and arresting agencies;
and
WHEREAS, numerous other states have criminalized personal possession; and
WHEREAS, CA Assemblymember Ben Hueso has authored AB486 -Bath Salts and CA
Senator Ed Hernandez has authored SB420 -Spice, making is a misdemeanor to sell the
dangerous substances contained in these products; and
WHEREAS, the City Council is appreciative of these efforts and the work undertaken by
these officials in getting this bills approved and signed by the Governor; and
19-20
Resolution No.
Page 2
WHEREAS, both bills, however, in their current form, continue to allow simple
possession of these dangerous synthetic drugs by individuals of any age, including children; and
WHEREAS, many more injuries and deaths to users could likely occur and outlawing the
possession of these synthetic drugs in California should reduce this risk; and
WHEREAS, the Public Safety Subcommittee of the Chula Vista City Council believes
that the elected leaders of our City should take affirmative action to protect the residents of
Chula Vista from the dangers posed by synthetic drugs; and
WHEREAS, the City Council of the City of Chula Vista supports a statewide law
establishing criminal penalties for possession of Psychoactive Herbal Incense and Psychoactive
Bath Salts.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby:
1. Declares the City Council's support of statewide law criminalizing personal
possession of Psychoactive Herbal Incense and Psychoactive Bath Salts.
2. Recommends that such a law include consideration of:
a. An urgency clause making the state law effective immediately;
b. Significant criminal penalties that take into account the severe danger
posed by this drug, and that align, appropriately, with the penalties
established for other illegal, controlled substances such as cocaine,
methamphetamine, and heroin; and
c. A chemical class approach for the substances contained in
Psychoactive Herbal Incense and Psychoactive Bath Salts or such
other approach to substance identification that facilitates field and lab
testing protocols and thereby makes enforcement more effective.
3. Calls upon California state legislators, Assemblymembers Ben Hueso and
Marty Block and State Senator Juan Vargas, to continue their efforts to pursue a
law criminalizing simple possession of Psychoactive Herbal Incense and Bath
Salts.
4. Directs the City Clerk to send a copy of this resolution to California Governor
Jerry Brown, Assemblymembers Ben Hueso and Marty Block, and State Senator
Juan Vargas.
Presented
Patricia Agu~ar
Public Safet Subcommittee
Approved as to form by
~~^ ~
Glen. Googiras
C~A~ omey
19-21
_~~ ~~ , 1~
EMERGENCY ORDINANCE No. 2011-037 1~3/~~
AN EMERGENCY ORDINANCE TO PROHIBIT ADVERTISEMENT, POSSESSION,
USE, PURCHASE, OR DISTRIBUTION OF SUBSTITUTED CATHINONES
(COMMONLY CALLED "BATH SALTS"), SYNTHETIC CANNABINOIDS, AND
CERTAIN OTHER SYNTHETIC DRUGS; AND MATTERS RELATED THERETO
WHEREAS, Anderson County, acting by and through its County Council, has the
authority to enact emergency ordinances in order meet public emergencies affecting life,
health, safety or property of its citizens pursuant to South Carolina Code Section 4-9-130 and
Section 2-38 of the Anderson County Code;
WHEREAS, Anderson County Council deems an emergency currently exists with
respect to the use, consumption, possession, sale or distribution of substituted cathinones,
commonly called "bath salts" and other products containing synthetic cannabinoids;
WHEREAS, the use or ingestion/consumption of substituted cathinones, commonly
called "bath salts" and other synthetic drugs has significantly increased throughout the United
States, and
WHEREAS, substituted cathinones, commonly called "bath salts" and other synthetic
drugs are being manufactured, sold and used for their psychoactive properties, and
WHEREAS, there are significant reports of ingestion/consumption of substituted
cathinones, commonly called "bath salts" and other synthetic drugs causing serious injury or
death, and
WHEREAS the United States Thug Enforcement Administration (DEA} used its
emergency scheduling authority to temporarily control Mephedrone,
Methylenedioxypyrovalerone (MDPY}, Methylone, and other chemical compounds found in
"bath salts" and other synthetic drugs marketed as otherwise lawful substances, fmding said
action necessary to protect the public from the imminent hazard posed by ingestion of these
substances, and
WHEREAS, Anderson County Council has the power and duty to provide for the
general health, safety, and welfare of Anderson and to exercise police powers; and
WHEREAS, the Anderson County Council hereby declares the use, consumption,
possession, sale or distribution of substituted cathinones, commonly called `bath salts" and
other products containing synthetic cannabinoids to be a public nuisance and hereby makes
unlawful said use, consumption, possession, sale or distribution as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF
ANDERSON COUNTY, SOUTH CAROLINA, AT IT5 REGULAR MEETING DULY
ASSEMBLED AND BY THE AUTHORITY THEREOF;
1. DECLARATION OF EMERGENCY
Anderson County hereby declares that an emergency exists with respect to the use,
consumption, possession, sale or distribution of substituted cathinones, commonly
called "bath salts" and other products containing synthetic cannabinoids.
2. DEFINITIONS
A. Substituted Cathinones:
Any compound, except bupropion or compounds listed under
a different schedule, structurally derived from 2-aminopropan-
1-one by substitution at the 1-position with either phenyl,
naphthyl, or thiophene ring systems, whether or not the compound
is further modified in any of the following ways:
1. by substitution in the ring system to any extent with
alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents,
whether or not further substituted in the ring system
by one or more other univalent substituents;
2. by substitution at the 3-position with an acyclic alkyl
substituent;
3. by substitution at the 2-amino nitrogen atom with
alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
4. by inclusion of the 2-amino nitrogen atom in a cyclic
structure.
B. Synthetic Cannabinoids:
Any of the following cannabinoids, their salts, isomers and salts
of isomers, unless specifically excepted, whenever the existence of these
salts, isomers and salts of isomers is possible within the specific chemical
designation:
1. Tetrahydrocannabinols:
Meaning tetrahydrocannabinols naturally contained in a
plant of the genus Cannabis (cannabis plant), as well as synthetic
equivalents of the substances contained in the plant, or
in the resinous extractives of Cannabis, sp. and/or synthetic
substances, derivatives, and their isomers with similar chemical
structure and pharmacological activity such as the following:
Delta 1 cis- or trans- tetrahydrocannabinol, and their
optical isomers Delta 6 cis- or trans- tetrahydrvcannabinol, and
their optical isomers Delta 3,4 cis- or trans- tetrahydrocannabinol,
and its optical isomers (Since nomenclature of these substances
is not internationally standardized, compounds of
these structures, regardless of numerical designation of
atomic positions covered.)
2. Naphthoylindoles:
Any compound containing a 3-(1-naphthoyl)indole structure
with substitution at the nitrogen atom of the indole ring by
an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indole ring
to any extent and whether or not substituted in the naphthyl
ring to any extent.
3. Naphthylmethylindoles:
Any compound containing a 1 H-indol-3-yl-(1-naphthyl)
methane structure with substitution at the nitrogen atom of
the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)
methyl or 2-(4-mocpholinyl}ethyl group whether or not further
substituted in the indole ring to any extent and whether
or not substituted in the naphthyl ring to any extent.
4. Naphthoyipyrroles:
Any compound containing a 3-(1-naphthoyl)pyrrole structure
with substitution at the nitrogen atom of the pyrrole
ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, I -(N-methyl-2-piperidinyl)methyl or 2-(4-
morpholinyl)ethyl group whether or not further substituted
in the pyrrole ring to any extent, whether or not substituted
in the naphthyl ring to any extent.
5. NaphthylmethyGndenes:
Any compound containing a naphthylideneindene structure
with substitution at the 3-position of the indene ring by an
alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-
(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group whether or not further substituted in the indene ring
to any extent, whether or not substituted in the naphthyl ring
to any extent.
6. Phenylacetylindoles:
Any compound containing a 3-phenylacetylindole structure
with substitution at the nitrogen atom of the indole ring by
an alkyl, haloalkyl, alkenyl, cycloalkyimethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group whether or not further substituted in the indole ring
to any extent, whether or not substituted in the phenyl ring
to any extent.
?. Cyclohexylphenols:
Any compound containing a 2-(3-hydroxycyclohexyl)phenol
structure with substitution at the 5-position of the phenolic
ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, i -(N-methyl-2-piperidinyl}methyl or 2-(4-
morpholinyl~thyl group whether or not substituted in the
cyclohexyl ring to any extent.
8. Benzoylindoles:
Any compound containing a 3-{benzoyl)indale structure with
substitution at the nitrogen atom of the indole ring by an
alkyl, haloalkyl, alkenyl, cyeloalkylmethyl, cycloalkylethyl, 1-
(N-methyl-2-piperidinyl)methyl or 2-{4morphalinyl)ethyl
group whether or not further substituted in the indole ring
to any extent and whether or not substituted in the phenyl
ring to any extent.
9. 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo
[ 1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone.
Some trade or other names: WIN 55,212-2.
10.9 (hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-ylr
6a,7,10,10a-tetrahydrobenzo[c]chromen-l-ol.
Same trade or other names: HU-210, HZI--211.
11. Adamantoylindoles:
Any compound containing a 3-(1-adamantoyl}indole structure with
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cyclaalkylmethyl, cycloalkylethyl, 1-{N-methyl-2-
piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not
further substituted in the indole ring to any extent and whether or not
substituted in the adamantyl ring system to any extent.
C. Person•
Any individual, firm, business, corporation, partnership, group, or other legal
entity.
2. SALE OF SYNTHETIC CANNABINOIDS OR SUBSTITUTED CATHINONES
A. It is unlawful far any person to sell, distribute, deliver, trade, barter, or give
away any Synthetic Cannabinoid or Substituted Cathinones within Anderson
County, South Carolina.
B. It is unlawful for any person to offer for sale, distribution, delivery, trade or
barter any Synthetic Cannabinoid or Substituted Cathinones within Anderson
County, South Carolina.
C. It is unlawful for any person to advertise or display any Synthetic Cannabinoid or
Substituted Cathinones within Anderson County, South Carolina.
D. It is unlawful for any person to claim or represent that a product or substance is a
Synthetic Cannabinoid or Substituted Cathinones within Anderson County, South
Carolina.
3. POSSESSION OF SYNTHETIC CANNABINOIDS OR SUBSTITUTED
CATHINONES PROHIBITED
It is unlawful for any person to possess any Synthetic Cannabinoid or Substituted
Cathinones within Anderson County, South Carolina.
4. LABELING
The fact a Synthetic Cannabinoid or Substituted Cathinones is being marketed, sold,
distributed, delivered, traded, bartered, or labeled as "Not for Human Consumption"
(or words of similar effect) or identified as having a lawful use does not exempt a
person from enforcement pursuant to this ordinance.
5. CONFISCATION AND DESTRUCTION OF SYNTHETIC CANNABINOIDS OR
SUBSTITUTED CATHINONES
If any Synthetic Cannabinoid or Substituted Cathinones are found in the possession of
any person within Anderson County, South Carolina, said Synthetic Cannabinoid or
Substituted Cathinones shall be confiscated by law enforcement as evidence of
violation of this ordinance. The confiscated Synthetic Cannabinoid or Substituted
Cathinones shall be destroyed by law enforcement after an adjudication of guilt.
Synthetic Cannabinoid or Substituted Cathinones with labels or instructions indicating
they are not intended far ingestion or consumption (i.e., "Not for Human
Consumption" or words of similar effect) or identifying a lawful use are not exempt
from confiscation and destruction.
6. PENALTY
A violation of this ordinance shall be deemed an infraction punishable by a civil fine of
$500.00 as provided in Section 1-7 of the Code of Ordinances for Anderson County,
South Carolina, not to any include any fees or assessments. Each day of a continuing
violation of this ordinance shall be considered a separate and distinct infraction.
Violation of this ordinance is hereby further declared to be a public nuisance which
may be abated by Anderson County by way of restraining order, preliminary and
permanent injunction, or any other means permitted by law and the County may take
action to recover the cost of any nuisance abatement action taken hereunder.
7. IMPLEMENTATION
This ordinance becomes effective upon immediately upon passage and shall remain in
effect until automatic expiration as of the sixty-first following the date of enactment.
8. SEVERABILITY AND REPEAL
If any portion of this section is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of this section. In the
event any chemical compound addressed by this is ordinance subsequently deemed a
controlled substance for purposes of the criminal laws of the State of South Carolina or
the United States, this ordinance shall be deemed automatically repealed with respect
to said compound{s).
9. PROVISIONS ARE CUMULATIVE
Nothing in this ordinance shall be construed to abrogate or impair the powers of the
Courts ar of any department of Anderson County to enforce any provisions of its
charter or its ordinances or regulations, or to prevent or punish violations thereof and
the pawers conferred by this ordinance shall be in addition and supplemental to the
powers conferred by any other law.
ORDAINED in meeting duly assembled this the l 8thday of October, 2011.
action 2-38 of the Anderaon
of Ordinances, tl~e attached
ri4lutlon ~-d f - e 'l has been
Mderaat Attorney a` to
wrmnehtp, as to legality
to
~-
THE COUNTY COUNCIL FOR ANDERSON
COUNTY, SOUTH CAROLINA
(SEAL)
--..,_
BY:~ n~.---
Tommy Dun
ITS: Chairman
AT ST:
Linda N. Eddleman
Its: Clerk of County Council