HomeMy WebLinkAboutReso 2011-256RESOLUTION NO. 2011-256
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, California Assemblymember Ben Hueso has authored AB486 -Bath Salts
and California Senator Ed Hernandez has authored SB420 -Spice, making it 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
Resolution No. 20l 1-256
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; and
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.
Resolution No. 2011-256
Page 3
Presented by
\~
Patricia Aguilaz
Public Safety Sub mmittee
n /1 ,
Approved as to form by
s
len ll: C,roogins
City Att~ey ~~
Safety Subcommittee
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of December 2011 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
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Donna R. Norris, CMC, City Clerk
~~
Cheryl Cox ay
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2011-256 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of December 2011.
Executed this 13th day of December 2011.
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Donna R. Norris, CMC, City Clerk