NEW BUSINESS e - Granicus

NEW BUSINESS e

"making a positive di./ference now"

STAFF REPORT Council Meeting November 15th

, 2011

TO: Tony O'Rourke, City Manager

FROM: Brian Williams, Lieutenant, Police Department

DATE: November 9th , 2011

RE: Information, Discussion and Possible Direction/Action Regarding Synthetic Drugs "Spice" and "Bath Salts"

RECOMMENDATION:

Information to City Council toward consideration of a resolution in support California

Assembly Bill 486 and Senate Bill 420 which has been signed into law. This law

creates California Health and Safety Code section 11375.5, making it a crime to sell or

distribute the synthetic drugs such as Spice and Bath Salts.

ISSUE AND DISCUSSION:

In response to the Council's request, we hope to create a dialogue between the

community and our local officials to find methods to protect public health and safety

from the abuse of synthetic drugs; particularly "Spice" and bath salts. Until just last

month, these substances have been entirely unregulated and completely legal in

California. Abusing these drugs is an emerging trend which has led to dangerous

health consequences to those who ingest them. Our concern is to keep these products

out of kids' reach and to eradicate the abuse of these substances in our city.

Police Department· 1352 Johnson Blvd.' South Lake Tahoe;1California 96150-8200 . (530) 542-6100 . (530) 542-6146 FAX BRIAN UHLER, CbiefofPolice

It's called K2 or Spice and its growing popularity is causing increasing alarm among

health care professionals, law enforcement authorities and lawmakers. Spice consists of

herbs that are sprayed with synthetic substances that mimic THC, the high-causing

natural chemical found in marijuana. While it produces a marijuana-like high when

smoked, users are still able to pass drug tests because it does not produce positive

results for cannabis. Spice contains synthetic cannabinoids which act on the body in a

similar way to cannabinoids naturally found in cannabis, such as THC. Spice is typically

packaged and sold as incense, and often is readily available in displays near the

register of many convenience stores.

Synthetic drugs and herbal drug products like Spice are not made in a controlled

environment and thus there is no way to determine the chemical makeup, synthetic

ingredients or amounts. This means is there is any way to accurately determine what

the potentially harmful effects may be. With teenagers, some health impacts have

included heart palpitations respiratory issues and in one serious case, an otherwise

healthy teenage boy, who has since recovered, lapsed into a coma in the state of

Georgia.

Another synthetic designer drug is the trend of snorting bath salts. It goes by many

names. Cloud9, White Dove, Ivory Wave and Hurricane Charlie are only just a few of

them. Snorting this substance produces a high that mimics cocaine or

methamphetamine. The chemical, MDPV, was banned in the United Kingdom after

linking it to several deaths. There have been several deaths related to the abuse of

these substances in the Unites States as well. The federal Drug Enforcement

Administration says users of bath salts have reported disorientation, extreme paranoia

and violent episodes after ingesting the chemicals. Dozens of states have already

banned the substances. The American Association of Poison Control Centers reported

taking 3,218 calls about these synthetic stimulants in 2010; but has received

approximately 11,366 calls in the first ten months of 2011 alone.

2

Current State of the Law in South Lake Tahoe:

The City of South Lake Tahoe has not dealt with this issue in terms of resolution or city

ordinance. A cursory search by officers of the South Lake Tahoe Police Department

found that Spice was being sold in only one local business (Teaz N Pleaz). Bath salts

however, have been made immediately illegal to sell commercially at the time the bills

were signed into law by Governor Brown. Although this synthetic drug has been sold

locally in South Lake Tahoe, we have been unable thus to confirm it is still being sold

anywhere since the passing of the law in October.

In October of 2011 Governor Brown signed legislation (AB 486) that makes it a

misdemeanor to sell or distribute synthetic stimulants that are marketed and packaged

as incense and bath salts. Brown also signed a measure (SB 420) that makes it a

misdemeanor to sell or distribute synthetic cannabinoid compounds such as Spice.

This law created section 11375.5 to the California Health and Safety Code. This law

does not prohibit personal possession of either of these drugs; merely their sales.

Public Participation:

The Police Department has consulted with the Lake Tahoe Community College Addition

Studies Advisory Committee and found concurrence with several local agencies

including Tahoe Turning Point, Sierra Recovery Center and other local substance abuse

service proViders for adults and juveniles concerning the issue of abuse of these

substances.

The City of Chula Vista California has aggressively sought to prohibit, through city

ordinance, the personal possession of these substances. They succeeded in this effort.

The ordinance is attached to this staff report for your review.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None at this time. Concerning policy implications: If the City Council desires and

directs adoption of a resolution in support of the bills recently signed into law by

Governor Brown, which adds section 11375.5 to the California Health and Safety Code,

a resolution can be drafted and brought back to the City Council meeting of December

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13th , 2011. Also, if Council desires, a draft city ordinance resembling that of the one

recently passed into law by the City of Chula Vista California, which makes personal

possession of these substances illegal, can be submitted for Councils review at their

December 13th meeting.

\.

Attachments:

1. CHULA VISTA CALIFORNIA CITY ORDINANCE

Police Department· 1352 Johnson Blvd.' South Lake Tahoe, l¥llifornia 96150-8200 . (530) 542-6100 . (530) 542-6146 FAX

South Lake Tahoe Police Department

Drug Trends

What you should know about "Spice" and "Bath Salts"

Presented by Officer Rebecca Inman

Spice

• Spice is a synthetic Cannabinoid. Other common names for Spice are K-2, Black Mamba, Summit, Buzz, Herbal Incense, Genie and Black, Gold and Silver.

• The compound in Spice mimics the effects of THC which is found in Marijuana.

,~! '

""

...

Where can I buy Spice?

Common places to buy Spice are in gas stations, head shops, smoke shops and on the internet.

Spice comes in many different types of packaging. Most of the time there is a label on

the packaging instructing "not for human consumption" this allows the manufacture to

not have to list ingredients per FDA regulations. The cost is between ten and fifty

dollars per gram.

What does Spice look like?

Spice comes in many forms. Most of the time it will look like herbs or potpourri. The bulk of what is in the package is not what gives the user their high. The high comes from the synthetic Cannabinoid chemicals that are

sprayed on the herbs. That is why it is easy to lead people to believe it is all natural. It is

what they don't see that hurts them.

How do you ingest Spice?

Spice is usually smoked. It can be rolled into a cigarette or put into a pipe. In some rare cases, it may be burned like incense and the smoke is

then inhaled.

What type of high are the users hoping for?

A user is hoping for a high that is similar to the high one obtains when smoking marijuana. Also, because Spice does not show up on a

standard drug test, it is ideal for the person on parole or probation.

What type of highs are the users NOT hoping for? A user may experience: • Agitation • Vomiting • Anxiety Attacks • Hallucinations • Nausea • Heart Palpitations • Addiction

The length of the high can be very unpredictable. The average is between three and four hours, but there are reports of the effects lasting longer.

Spice is addictive.

The inconsistency in the experience varies because the amount of the synthetic Cannabinoid varies as well as the herbs inside the packages.

Bath Salts

Bath Salts contain Cathinone chemicals that behave like Methamphetamines or Cocaine. The key ingredient is usually Mephedrone. Bath Salts are a CNS. (Central Nervous

System Stimulant)

Bath Salts are also known as Ivory Wave, Purple Wave, Red Dove, Blue Silk, Zoom, Bloom,

Lighting and Hurricane Charlie.

Where can I buy Bath Salts?

• Gas Stations

• Convenience stores

• Head Shops

• Smoke Shops

• Internet

The cost is inconsistent among sellers

What do Bath Salts look and smell like?

Bath Salts come in all types ofpackaging. Many times they look like real Bath Salts. Bath Salts

can come in jars, vials, small foil packages, tubes or small boxes. The substance can be in

crystals, powder, pills, capsules and liquid.

Bath Salts can have a fishy smell, a bleach odor or even a vanilla fragrance.

How do you ingest Bath Salts?

Bath Salts can be snorted, smoked, injected and ingested.

What kind of high are the users hoping for?

The user hopes to feel like it is the best day of his/her life. Euphoria, increased energy, good mood, increased stimulation of all the senses,

and an overall feeling ofwell being.

A standard drug test does not show Bath Salts, making them ideal for the person on probation

or parole.

What kind of high are the users NOT hoping for?

Some users experience:

• Elevated Blood Pressure

• Anxiety

• Hallucinations

• Paranoia

• Chest pains

• Agitation

• Teeth Grinding

• Dilated pupils

• Depression

Most highs last about four hours, but in some cases, there are symptoms for two or more days.

Bath Salts are addictive.

Why are these drugs dangerous?

The chemicals used in these products are very potent and addictive. The strength and content

vary greatly. They affect the behavior, judgment and health of the user in negative ways. There are many documented cases of violent crimes committed by people that are under the influence of these drugs as well as

people stealing these drugs.

Are there Spice and Bath Salts in South Lake Tahoe?

People using these drugs have impacted our community in negative ways. We have documented cases of crimes in our

city where the suspects have been under the influence of Spice. Our juvenile population has found it easier to buy and use

Spice and Bath Salts than alcohol and marijuana.

According to our High School Resource Officer, both Bath Salts and Spice are prevalent at STHS. Tahoe Turning Point has

also experienced problems with their clients.

Make no mistake, it is here in Tahoe!

Good news, sort of!

Governor Jerry Brown recently signed two bills into law in regards to the sales of both

synthetic stimulants and synthetic Cannabinoids. The new restrictions primarily

focus on the sales of the synthetic drugs (please refer to assembly Bill No. 486 and

Senate Bill No. 420 as well as 11375.5 Health and Safety Code).

Bad news!

Unfortunately, the manufactures of Bath Salts and Spice will simply change the chemicals

that are forbidden by law, and the products will be tweaked and put back on the market perhaps with different names and looks.

The other bad news is the law does not stop people from simple possession of these

dangerous synthetic drugs.

What else can be done?

This drug problem is world wide. Many foreign countries outlawed synthetic drugs a long time ago. Across the United States, many

state laws are banning these harmful drugs. The laws when enforced, do make our community safer.

There is a way to even take a bigger step to getting these harmful drugs out of South Lake Tahoe. Cities across California are adopting their own resolutions (refer to resolution of the City Of Chula Vista). The South Lake Tahoe Police Department recommends the City Council

adopts a similar resolution.

Additionally, the city should consider a city ordinance that prohibits the sales or possession of Spice and Bath Salts.

CITY COUNCIL AGENDA STATEMENT

§.{If::. CITY OF , ··....¥...!'CHULAVISIA~~:::~

November 1, 2011 Item No.9

ITEM TITLE: CONSIDERATION OF AN ORDINANCE OF THE CITY OF CHULA VISTA DECLARING THE DISTRIBUTION OF PSYCHOACTIVE 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 CIVIL PENALTIES AND ENFORCEMENT.

SUBMITTED BY: CITY ATTORNEY'S ~DtI~~ol(; b

CHIEF OF POLICE nr REVIEWED BY: CITYMANAGE~C; r

4/STHS VOTE: YES r8J NO 0

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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1111111, 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 Counci1to 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 lth, 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

Background.

The distribution and use of psychoactive herbal incense (most commonly marketed as "Spice" or "1(2'') 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,

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1111111, 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

I AB 486 is effective inunediately and Police Depal1ment stafl 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 that this representation does not comport with the established practices and standards of the profession.

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11/1/11, Item No.9 Page 4 of7

"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, action\ 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. 4th 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 ofpossession and use. A nuisance ordinance will be the most effective method and it operates in a way that compliments the state law criminal actions.

Basis for Adopting the Ordinance as an Emergency Measure.

This ordinance is being presented as an "emergency ordinance" which requires a 4/5ths 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

) This ordinance will also capture the distribution of products intended to mimic the appearance of Psychoactive Bath Salts and Psychoactive Herbal Incense. 4 The general standard ofproof 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.

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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 lth 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 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 how 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 deteImine 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: I) 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: 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.

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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 andlor 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 Sheriffs Department for testing which could take up to thirty (30) days before detennining 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 are 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. Staffcontinues to research this possibility.

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Community Input/Outreach

Significant community input has been provided through the Public Safety Subcommittee public hearings on the issue which took place August 31'd, 2011, and October It,\ 2011. The matter was also raised at a community forum that took place at Sweetwater High School on October 2011

\

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, staffwill 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

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ORDINANCE NO. _

EMERGENCY ORDn~ANCE 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 Salls 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

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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 illeffects 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 nonnal 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 infonnation presented to and considered thereby, the City Council detennined 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 detennined 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:

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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.


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-methoxyrnethcathinone (Methedrone), 4-Fluoromethcathinone (Flephedrone), 3-Fluoromethcathinone (3-FMC), naphthylpyrovalerone and 2amino-I-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, Banzai 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 may be 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 ofplant 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 l-pentyl-3-(l-naphthoyl) indole (JWH-018), I-butyl-3-(1naphthoyl)indole (JWH-073), 1-2-(4-morpholinyl)ethyl]-3-( I-naphthoyl)indole (JWH-200), 5-(1, I-dimethylheptyl)-2-(lR,3S)-3-hydroxycyclohexyl]-phenol, (CP-47,497), 5-(1, I-dimethyloctyl)-2-( lR,3S)-3-hydroxycyclohexyl]-phenol, (caIlllabicyclohexanol; 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.


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 ofPsychoactive 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 ofpublic nuisance are based upon the declaration, findings and detenninations by the City Council contained in Ordinance No. _ adopted by the City Council on November 1, 2011.


In addition to the procedures and remedies for enforcement listed Chapter 1.30 "Abatement ofPublic 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.

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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.


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 thereofother 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/Slhs 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 ofChula Vista citizens.

Presented by Approved as to form by

c'''--· / -'~~ ,--. ~ C,.~ -.. -- Tot. C~/

co (,.,. Chance Hawkins Glen Googins Deputy City Attorney City Attorney

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----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 CNIL 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

9-14

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 balmed 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 illeffects 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:

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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:

Cbapter 9.24

DISTRIBUTION OF PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND LIKE PRODUCTS A PUBLIC NUISANCE

Sections: 9.24.010 Purpose and Intent.






9.24.010 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.


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 (Methylone), 3,4-Methyenedioxypyrovalerone (MDPV), 4-Methylmethcathinone (Mephedrone), 4-methoxymethcathinone (Methedrone), 4-Fluoromethcathinone (Flephedrone), 3-Fluoromethcathinone (3-FMC), naphthylpyrovalerone and 2amino-I-phenyl-I-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, Banzai 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 may be 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 nonnal, 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 ofplant 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 l-pentyl-3-(I-naphthoyl) indole (JWH-018), I-butyl-3-(lnaphthoyl)indole (JWH-073), 1-2-(4~morpholinyl)ethyl]-3-(1-naphthoyl)indole

(JWH-200), 5-(l,l-dimethylheptyl)-2-( lR,3S)-3-hydroxycyclohexyl]-phenol, (CP-47,497), 5-(1, l-dimethyloctyl)-2-(lR,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: K.2, 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."

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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, tmst, partnership or association, or any other entity responsible for "distributing" Psychoactive Bath Salts and Psychoactive Herbal.


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 ofpublic 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.


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.

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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.


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 Approved as to form by

~C~--FO-1-Gee Chance Hawkinf' Glen Googins

e:

Deputy City Attorney City Attorney

9-19

:J)EA \ ,;,., ".' r

Drug Fact Sheet Bath Salts or Designer Cathinones (Synthetic Stimulants) Overview

Synthetic stimulants that are mall<eted as "bath salts' are often found in a number of retail products. These synthetic

stimulants are chemicals. The chemicals are synthetic derivatives of cathlnone, a central nervous system stimulant,

which ;s an active chemical found naturaHy 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 stores, and in 'head shops."

Street names

BUss, 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, White Dove, White Knight, White Lightening

Looks like

"Bath salr stimulant products are sold in powder fonn in small plastic or foil packages of 200 and 500 milligrams under

various brand names. Mephedrone Is a fine white, off-white, or slightly yellow-colored 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, dizziness, 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

Cathlnone derivatives act as central nervous system stimulants causing rapid heart rate (which may lead to heart

attacks and strokes). chest pains, nosebleeds. sweallng, 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 tima 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 hall 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 methcathtnone, which Is a Schedule I controlled substance. Incidents

Involving mephedrona can be prOS8Cl.1ted 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 5Cheduled under the

eSA.

Common places of origin

Law enforcement offlclals 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.

Drug Enforcement Administration • Fo~=Jeqnformationr visit www.dea.gov

There are excellent NEWS stories on "Spice" ava.ilable at the KUSI television website. Go to www.KUSI.coni and do a search for "Spice", then click on the links. One story is titled "DEA warns of synthetic pot dangersll Please watch the videos! •

GetSmartAboufDrugsl··,Drug Fact Sheet AResourte for Pflenls IttIn the IlEA '.

FOR MORE DRUG fACTS. VISIT www.GetSm3rlA!JOutDr<w.comll ••c!s

K2 K2 or "Spice" is a mixture of herbs and spices that is typicany sprayed wlth a synthetic compound chemically similar to THe, the psychOactive ingredlents In marijuana. The chemical

compounds typically Indude HU-21 0, HU·~11, JWH"()18, and

JWH-{J73. K2 is commonly purchased in head shops, tobacco shops, various retail auUets, and over the Internet. It Is often marketed as incense or "fake weed." Purchasing over the Internet

can be dangerous because it is not usually known where the products come hom 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, slivery plastic bags of dried leaves

and marketed as incense that can be smoked. It Is said to resemble pmpouni.

Methods of abuse

K2 produC!s are usually smoked In joints or pipes, but 50lTIe USlIIS make It into a tea.

Affect on mind

Psychological effects are similar to those of marijuana and include paranoia, panic attacks, and giddlness.

Affect on body

Physiological effects of K2 indude increased heart rate and increase of blood pressure. It appears to be stored in the body for long periods of time, and fherefolll the long-term effects on humans are not fully knoWn.

Drugs causing similar effects

Marijuana

Overdose effects

There 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 countl!es, and the U.S. military has banned the use of these producls.

**** Please contact People Against Spice Sales (PASS) for more information and to learn how you can become involved. Join our facebook group People Against Spice Sales or email usatstopspice@~~ai!.com ****

Increasing Abuse of Bath Salts

u.s. DEPARTMENT OF JUSTICE

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 officials throughout the country are reporting thatproducts promoted as bath salts have becomeprevalent as a drug ofabuse. Bath salts have recently appeared in some ofthe same retail

oudets that previously sold synthetic cannabinoidproducts such as Kl andSpice, and also are available via the Internet. Bath salts are abused as recreational drugs typically by injection, smoking,

snorting, and, less often, by the use ofan atomizer. Effects include agitation, an intense high, euphoria, extreme energy, hallucinations, insomnia, and making abusers easy to anger. Prelimitulry

testing indicates that the active ingredients in many brands contain MDPV (3,4methy/enedioxypyrova/erone) 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 all SO U.S. states and via Internet web sites. Common brand names include Blue Silk, Charge+, Ivory Snow, Ivory Wave, Ocean Burst, Pure Ivory, Purple Wave, Snow Leopard, 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 Blizzard 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.

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Drug Alert 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 500milligram packets. 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 ofthese substances range from teenagers to those in their 40s, often with an extensive history ofdrug 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 tenn "fake cocaine."

The genesis ofthis watch was originally posed as a SENTRYListServ question on December 7, 2010.

Posted: December 17,2010 Photo Credit: WIAC-TV POC: SENTRY Management Team, www.justice.gov/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.justice.QOv/ndiclsentry

319 Washington Street 5th Floor. Johnstown, PA 15901-1622 • (814) 532-4601 !MDle flublications are available all: W1!Vw.justice.c;ovlndic

9-23 2

Assembly Bill No. 486

CHAPTER 656

An act to add Section 11375.5 to the Health and Safety Code, relating to controlled substances, and declaring the urgency thereof, to take effect immediately.

[Approved by Governor October 9, 2011. Filed with Secretary ofState 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 their 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 that fine and imprisonment, to sell, dispense. distribute, furnish, administer, or give, to offer to sell, dispense, distribute, furnish, administer, or give, or to possess for sale, any synthetic stimulant compound or any specified synthetic stimulant derivative, including naphthylpyrovalerone and 2-amino-l-phenyl.l-propanone. By creating new crimes, this bill would impose a state-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 biII would declare that it is to take effect immediately as an urgency statute.

The people a/the State a/California do enact as/allows:

SECTION 1. Section 11375.5 is added to the Health and Safety Code, to read:

11375.5. (a) Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute. furnish,

9-24

92

Ch.656 -2

administer, or give, any synthetic stimulant compound specified in subdivision (b), or any synthetic stimulant derivative, to any person, or who possesses that compound or derivative for salc, 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 phannaceutical 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 naphthyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the naphthyl ring by one or more other univalent substituents, 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-1-propanone (cathinone) or variation in any ofthe following ways:

(A) By substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by onc or more other univalent substituents.

(B) By substitution at the 3-position with an alkyl substituent. (C) By substitution at the nitrogen atom with alkyl, diall<yl, or benzyl

groups, or by inclusion ofthe 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

ofArticle XIII B of the California Constitution because the only costs that may be 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 ofthe Government Code, or changes the definition ofa crime within the meaning of Section 6 of Article XlII B of the California Constitution.

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 Constitution and shall go into immediate effect. The facts constituting the necessity are:

9-25

92

-3- Cb.656

In order to prevent any hann that may be caused by the synthetic stimulant compounds and derivatives specified in this act at the earliest possible time, it is necessary that this act take effect immediately.

o

9-26

92

Senate Bill No. 420

CHAPTER 420

An act to add Section 11357.5 to the Health and Safety Code, relating to controlled substanl;t:s.

[Approved by Governor October 2, 2011. Filed with

Secretary of State October 2, 201l.J

LEGISLATIVE COUNSEL'S DIGEST

SB 420, Hernandez. Synthetic cannabinoid compounds. Existing law, the California Uniform 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 011 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 ofmalijuana an infraction, and the possession ofmore 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 ofler 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 a state-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 ofthe State ofCalifornia do enact a~ follows:

SECTION I. Section 11357.5 is added to the Health and Safety Code, to read:

11357.5. (a) Every person who sells, dispenses, distributes, fumishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, or possesses for sale any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, to any person, is guilty ofa misdemeanor punishable by imprisonment in a countyjail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

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Cb.420 -2

(b) As uscd in this section, the telID "synthetic cannabinoid compound" refers to any of the following substances:

(I) l-pentyl-3-(I-naphthoyl)indole (JWH-O 18). (2) l-butyl-3-( I-naphthoyl)indole (JWH-073). (3) l-[2-(4-rnorpholinyl)ethyl]-3-(I-naphthoyl)indole (JWH-200). (4) 5-( I, l-dimethylhepty1)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol

(CP-47,497). (5) 5-( I, l-dimethyloctyl)-2-[(l R,3S)-3-hydrox.ycyclohexyIJ·phenol

(cannabicyclohexanol; CP-47, 497 C8 homologue). SEC. 2. No reimbursement is required by this act pursuant to Section 6

ofArticle XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be inclllTed 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 ofthe Government Code, or changes the definition ofa crime within the meaning of Section 6 of Article XIII B of the California Constitution.

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People Against Spice Sales "The Dangers ofSynthetic Drugs and

How To Protect Our Community"

William Perno, Retired Deputy Sheriff Eliza Bodie Cardin, Parent

Founders of People Against Spice Sales (PASS)

Synthetic Drugs Are Deadly Chemicals ._-

. 0 One-time use has resulted in death.

~ ~ ~

l~ 0 Adults andTOXIC children have diedr

CHEMICALS J 0 Deliberately . .q'~'''.''''.''~iP+~ ··· .. "'i'iL _ ..•...d.. ..~f" mislabeled to

avoid regulation

1

Synthetic Drug Dangers

o Unregulated, Untested, No Medicinal Use

o No long-term studies, the true effects are not yet known

o Never Tested on Hum.ans

o Physically addicting

o Dangerous! One-tim.e use has resulted in death!

SUHSD Student - Graduation Day· Cardiac Arrest Hospital E/R

o One hit of Spice

o Cardiac Arrest

o Emergency Room

o Father thought his son was going to die

o Purchased in Chula Vista from business selling both Spice and Bath Salts

,,-.

~ -'";

SUHSD - High School Senior

o Auditory Hallucinations from smoking Spice

o Believes there is a satellite and cameras watching him, voices in his head from a microchip implanted in his ear

o 10 days in treatlTIent psychiatric care

o Daily anti-psychotic medication

o Cannot be left alone by parents

-1

14 year-old Chula Vista

o Smoked Spice at a party two different •occaSIons

o Experienced Hallucinations both tilTIes

o Hallucinated people were going to hurt him

o SymptolTIs lasted for 10 hours

More Parents Asking for Help in ~hula '1ista

o Single Mom o Two parent family

o Son smoking Spice o Son smoking Spice

o Looking for help and o Other teens delivering resources Spice to him at his

home

DUsing Internet to communicate drop offs

o Looking at residential treatment facility

SUHSD Superintendent Brand

o Sweetwater Union High School District Five School Board Members

o New Regulation To BAN Possession For Personal Use on School Campuses

o School Board approved new regulation on October 17, 2011

o Required because State Laws are silent on possession for personal use

What is Spice? o Spice or K2 is a mixture of

herbs or spices sprayed with synthetic toxic chemicals similar to THC in marijuana but more powerful Smoked to get high

o Spice is NOT Marijuana, it is a dangerous Hallucinogenic Drug!

o Intentionally Mislabeled o Marked "Not For Human

Consumption"

Bath Salts - Synthetic Stimulants and others -What are They? o A very dangerous

synthetic drug

o Are NOT used for Baths!

o Deliberately Mislabeled

o "Not For Human Consulllption"

As Dangerous as Cocaine, Crystal Methamphetamine, LSD and PCP...

Warnings By Government

o Numerous Warnings by Government Agencies and Military

o DEA, DOJ, CDC, Poison Control Centers, etc.

Calls to All Poison Control Centers o Spice (Synthetic Cannabinoids)

o 2,915 calls in 2010

o 3,787 calls through July 31, 2011

o 5,083 calls through September 30, 2011 o Bath Salts (Synthetic Stimulants)

o 303 calls in 2010

o 4,137 calls through July 31, 2011

o 5,226 calls through September 30, 2011

State Bans

o 38 States Have Banned Sales of Spice

o 30 States Have Banned Sales of Bath Salts

o Including Bans on Possession for Personal Use

~

Recognition for City of Chula Vista

o We Applaud the Leadership Role by our City in San Diego County - Taking Local Control and being Pro-Active

o Police Officers and public need protection from violence synthetic drugs create in users

o Anticipate an Ordinance for a ban on possession for personal use, before the Council within 30 Days

Bath Salts Used To Get High o Same manner as

controlled substances cocaine and methamphetamine

o Snorting

o Smoking

o Injection

o Swallowing in water

o Active Ingredient MDPV and others

Bath Salts Effects Mind and Body o Insomnia

o Agitation, Easily Angered

o Extreme Energy

o Extreme Paranoia

o Psychosis

o Hallucinations

o High Body Temperature can melt muscles

o Kidney Failure

o Increased blood pressure

o Increased heart rate

o Can be combined to give

o Stimulant High

o LSD Hallucinations

o PCP Strength

o Amphetamines Paranoia

Headlines Across The Nation o Spice

o School Shooting Principal wounded, AP Killed,

o High Speed Pursuit 19 year old killed

o Suicides

o Cardiac Arrest

o Brain Seizures

D Hallucinations

o Panic Attacks

o Bath Salts

o Deputy Sheriff Killed Suspect with superhuman strength

o Priest stabbed while asleep in Church bed

o Mom believes 2 year old son is a demon

o Active Duty Army Combat Medic, Kills Wife, son, self

New California Laws o New Laws DO NOT include bans on

possession for personal use. Possession for personal use allowed

o Bath Salts illegal to sell now, due to Urgency Clause

o Spice Legal to Sell until January 1, 2012

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Looking Ahead:Chula Vista City ~

Ordinance to Simple Possession o Local Ordinance in Chula Vista to ban sales

and possession for personal use of Spice and Bath Salts

o Other Cities in u.s. have banned these drugs

o Leadership Role in San Diego County

o Will other cities in San Diego County do the same?

o County-Wide Ban for sales and possession

~-" ;---,-~

Thank You!

o Mayor Cox, Deputy Mayor Ratnirez, Council Members, Public Safety Subcommittee

o City Attorney's Office

o Police Department

o Public for their support

o We look forward to continuing our work with the City to create a personal possession ban!

Contact Information People Against Spice Sales (PASS) Email WilliamPerno:[email protected]

Email ElizaBodieCardin:[email protected]

Like us on Facebook:

www.facebookiPeople-Against-Spice-Sales-PASS

Follow us on Twitter:

StopSpice

Thank You! !!

PowerPoint by William Perno - PASS

OFFICE OF THE SUPERINTENDENT lUd 1130 Fifth Avenue· Chula Vista, California 91911-2896 SWEEtWATER (619) 691-5555 • FAX (619) 498-1997 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,

I am writing to encourage the City ofChula 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 sec 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, / ~ / ,.4 /.- .--:;~ ~7J1 ..--:/ /iS _.....<',. '~j//(../ /

../ ---- ,/ ;/ ,<---~ (..---4- "

Edward M. Brand, Ed.D. Superintendent

C Deputy Mayor Rudy Ramirez Councilmember Pat Aguilar

j Councilmember Pamela Bensoussan Councilmember Steve Castaneda

111e Sweetwater Union High School District willfulfill the promise of /00% student success.

Sweetwater Union lIigh School District programs and activities shall be free from discrimination based on gender, sex, race, color, religion, ancestry, national origin, ethnic group identification, marital or parental statlls, physical or mental disability, sexual orientation or the

perception ofone or more ofsllch characteristics. SUHSD Board Policy 04/0.

Sm Office of the Board of Trustees ·1130 Fifth Avenue· Chula Vista, California 91911-2896

(619) 585-4405· FAX (619)407-4980· SWEElWATER UNION HIGH SCHOOL DISTRICT

John McCann President. Board ofTrustees

November 1, 2011

Mayor Cheryl Cox City of Chula Vista 476 Fourth Avenue Chula Vista, CA 91910

Dear Mayor Cox,

As President of the Board ofTrustees 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 ofpsychoactive bath salts and psychoactive herbal incense a public nuisance subject to civil penalties and enforcement.

On October 17, 2011, 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 ofsynthetic drugs. We appreciate the City ofChula Vista joining in this fight and we encourage you to approve these new ordinances.

Sincerely,

John McCann President, Board ofTrustees

cc: Deputy Mayor Rudy Ramirez Councilmember Pat Aguilar Councilmember Pamela Bensoussan Councilmember Steve Castaiieda /'

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