The URL can be used to link to this page

Home My WebLink AboutCC RESO 2012-14RESOLUTION 2012 — 14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY URGING THE STATE OF CALIFORNIA TO ADOPT URGENCY LEGISLATION MAKING THE POSSESSION OF PSYCHOACTIVE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A VIOLATION OF STATE LAW WHEREAS, the City Council is concerned for the safety and health of City of National City 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: and WHEREAS, Psychoactive Bath Salts can be defined as any crystalline or powder product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects including but not limited to the following substances: 3,4-Methylenedioxymeth- cathinone (Methylone), 3,4-Methyenedioxypyrovalerone (MDPV), 4-Methylmethcathinone (Mephedrone), 4-methoxymethcathinone (Methedrone), 4-Fluoromethcathinone (Flephedrone), 3-Fluoromethcathinone (3-FMC), naphthylpyrovalerone and 2-amino-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; and WHEREAS, Psychoactive Bath Salts are commonly marketed under trade names, such as Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove. White Night and White Lightning but may be marketed under other trade names and contain a common disclaimer that these products are not safe for human consumption' ; and WHEREAS, Psychoactive Herbal Incense can be defined as follows: Any organic product consisting of plant material that contains a synthetic chemical compound that elicits psychoactive or psychotropic euphoric effects including but not limited to the following: any synthetic cannabinoid compound that contains 1-pentyl-3-(1-naphthoyl) indole (JWH-018), 1-butyl-3-(1-naphthoyl)indole (JWH-073), 1-2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH- 200), 5-(1,1-dimethylheptyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol, (CP-47.497), 5-(1,1- dimethyloctyl)-2-(1 R,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; and WHEREAS, 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"; and 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; and Resolution No. 2012 — 14 January 10, 2012 Page Two 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; and 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, and death; and 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; and 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: and WHEREAS, Psychoactive Herbal Incense, are in fact "designer drugs" which have been manufactured with chemical substances that are intended to mimic and recreate the euphoric effects of marijuana which is an illegal, controlled substance under federal law; and WHEREAS. recently a local youth attending a high school in Sweetwater Union High School District suffered a cardiac arrest after smoking Psychoactive Herbal Incense; and WHEREAS, Sweetwater Union High School District recently banned Psychoactive Bath Salts and Psychoactive Herbal Incense on school property; and WHEREAS, possession of Psychoactive Bath Salts and Psychoactive Herbal Incense continue to possessed by youth; and WHEREAS, California has banned the sale and distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense, and the chemical substances contained therein; and 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; and WHEREAS, notwithstanding the federal and State laws, there remains gaps in the law that warrant further action at the State level to specifically address possession of these drugs; and Resolution No. 2012 — 14 January 10, 2012 Page Three WHEREAS, State law bans the sale and distribution of these drugs, but does not address possession; and 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 possession of Psychoactive Bath Salts and Psychoactive Herbal Incense continues to occur and is injurious to the health, safety and general welfare of National City citizens: and WHEREAS, the City of National City urges the State to address the continuing serious problem of possession of Psychoactive Bath Salts and Psychoactive Herbal Incense by prohibiting the possession of such drugs; and WHEREAS, a statewide uniform approach is most appropriate because these are controlled substances as defined in State law. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby urges the State of California to immediately ban the possession of Psychoactive Bath Salts and Psychoactive Herbal Incense. ATTEST: Mich PASSED and ADOPTED this 10th day of January?012. el R. Dalla, • ity Clerk • "PROVED 1�1,/ 1 .1�.:.,,� . w udia Gacit City Attorney TO FORM: ilva on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on January 10, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City CI k of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-14 of the City of National City, California, passed and adopted by the Council of said City on January 10, 2012. City Clerk of the City of National City, Califomia By: Deputy