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NATIONAL CITY POLICE DEPARTMENT
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MEMORAND UM
DATE: September 29, 2011
TO: Chris Zapata, City Manager
FROM: Adolfo Gonzales, Chief of Police
SUBJECT: Spice Ordinance Recommendation
Recommendation
It is recommended the City of National City adopt an ordinance prohibiting the sale and
possession of synthetic marijuana commonly referred to as `Spice' or 'K2'. A review of
the literature on the effects of `Spice' show it can be hazardous to individuals who use it.
While people have experienced a "high" that is comparable to other drugs, some
individuals have experience heart rhythm problems, severe agitation, hallucinations and
vomiting when using `Spice' or `K2'.
Background
Approximately five months ago School Resource Officers (SRO's) noticed many of the
juveniles arrested possessed a substance known as "Spice or K2." Spice appears similar
to Marijuana and when smoked it has a similar narcotic effect. Each of these juveniles
stated they purchased the "Spice" at various smoke shops and liquor stores in our City.
A review of current federal laws associated with "Spice," and a drug fact sheet
shows there are five synthetic cannabinoids in "Spice" which are listed on the Federal
Schedule I of controlled/prohibited substances; it is these five cannabinoids that make
"Spice" an illegal substance. This information was provided to every school in National
City with an advisement of the increasing problem of usage by juveniles in National City.
Several smoke shops and liquor stores in National City were contacted to ensure that they
were in compliance with federal law reference the selling of "Spice." All of the
businesses visited were within the law because they were selling a version of "Spice"
where the five illegal synthetic cannabinoids had been substituted with cannabinoids
which were not listed on Schedule I. This legal version was packaged and marked, "Not
For Human Consumption." Unfortunately, although the ingredients in "Spice" have
changed, juveniles in National City are still smoking it and still experiencing its narcotic
effects.
1200 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 336-4525
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NATIONAL city
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With one exception all the businesses contacted that sold "Spice" and shared the
community's concerns agreed to take the substance off their shelves and stop selling it.
A review of the literature on the effects of `Spice' confirms it can be hazardous to
individuals who use it. While people have experienced a "high" that is comparable to
other drugs, some individuals have experience heart rhythm problems, severe agitation,
hallucinations and vomiting when using `Spice' or 'K2'.
While state laws are pending to address the issue of "Spice" they may not address the
issue of possession. According to the Issuing Juvenile Deputy District Attorney police
officers cannot arrest and charge juveniles per 308(b) Penal Code (Juvenile in Possession
of Smoking Paraphernalia) since the product is not manufactured for smoking; it is sold
as incense.
A review with a representative from the Institute of Public Strategies (IPS) provided
information on how to tackle the challenge of proposing a city ordinance against the
possession of Spice. The representative forwarded a copy of a city ordinance from Rialto,
California which makes possession of Spice illegal.
At the present time, the DEA is using its emergency scheduling authority to temporarily
control some of the synthetic ingredients used to manufacture `Spice' type products.
Criminal sanctions and regulatory controls of Schedule I substances under the Controlled
Substance Act (CSA) will apply to the unlawful manufacture, distribution, possession,
importation and exportation of certain synthetic substances on the federal level; they
currently do not exist.
Please call me at 619-336.4511 with any questions.
ADOLFO GONZALES
1200 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 336-4525