Recreational use of psychoactive bath salts, psychoactive herbal incense and similar products commonly known as "synthetic drugs" has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death. While state and federal laws and regulations prohibit some synthetic drugs the makers of these drugs continually alter the composition of the compounds in their products so as to escape the purview of these laws and regulations. The purpose and intent of this chapter is to provide the city with reasonable measures to address the dangers to the community posed by synthetic drugs that are not regulated by state or federal law.
(Ord. 1094-13 § 2)
"Business"
means the operation of any private, nonprofit or public enterprise for which a city business license is required. Such term, used alone, shall be held and construed to include "business," "profession," "trade," "calling," "occupation," "show," "exhibition," or "game," and all kinds of calling carried on for profit or livelihood.
"Consume," "consuming" or "consumption"
means to ingest, inhale, inject, smoke or snort (insufflate).
"Distribute," "distributing" or "distribution"
means to furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not.
"Person"
includes any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association and/or similar organization.
"Possess," "possessing" or "possession"
means to have for consumption, distribution or sale in one's actual or constructive custody or control, or under one's authority or power, whether such custody, control, authority and/or power be exercised solely or jointly with others.
"Provide," "providing" or "provision"
means offering to distribute or sell a product or substance to any person.
"Psychoactive bath salts"
means any crystalline or powder product that contains a synthetic chemical compound that, when consumed, elicits psychoactive or psychotropic stimulant effects. The term "psychoactive bath salts" includes without limitation:
1. 
Products that elicit psychoactive or psychotropic stimulant effects and contain any of the following intoxicating chemical compounds:
a. 
 
Cathinone (2-amino-1-phenyl-1-propanone),
4 methylmethcathinone (2-methylamino-1-(4-methylphenyl)propan-1-one),
4 methoxymethcathinone (1-(4-methoxyphenyl)-2-(methylamino)propan-1-one),
MDPV (methylenedioxypyrovalerone),
MDMA (3,4-methylenedioxy-N-methylamphetamine),
Methylone (3,4-methylenedioxy-N-methylcathinone),
Methcathinone (2-(methylamino)-1-phenyl-propan-1-one),
Flephedrone (4 fluoromethcathinone),
3-FMC (3-fluoromethcathinone),
Ethcathinone (2 ethylamino-1-phenyl-propan-1-one),
Butylone (beta-keto-N-methylbenzodioxolylbutanamine),
Alpha-PPP (alpha-pyrrolidinopropiophenone),
MPPP (4'-methyl-alpha-pyrrolidinopropiophenone),
MDPPP (3',4'-methylenedioxy-alpha-pyrrolidinopropiophenone),
Alpha-PVP (1-phenyl-2-(1-pyrrolidinyl)-1-pentanone), or
Naphyrone (1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one);
b. 
Any derivative of the above listed intoxicating chemical compounds;
c. 
Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds;
d. 
Any chemical alteration of the above listed intoxicating chemical compounds; or
e. 
Any other substantially similar chemical structure or compound; and
2. 
Products that elicit psychoactive or psychotropic stimulant effects and are marketed under any of the following trade names: 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.
The term "psychoactive bath salts"
shall not include any product, substance, material, compound, mixture or preparation that is specifically excepted by the California Uniform Controlled Substances Act ("UCSA") (Health and Safety Code Section 11000 et seq.), listed in one of the UCSA's schedules of controlled substances (Health and Safety Code sections 11053 through 11058), regulated by one of the UCSA's Synthetic Drug Laws (Health and Safety Code Sections 11357.5, 11375.5 and 11401), regulated by the Federal Controlled Substances Act (the "CSA") (21 USC Section 81 et seq.) or approved by the Food and Drug Administration ("FDA").
"Psychoactive herbal incense"
means any organic product consisting of plant material that contains a synthetic stimulant compound that, when consumed, elicits psychoactive or psychotropic euphoric effects. The term "psychoactive herbal incense" includes without limitation:
1. 
Products that elicit psychoactive or psychotropic euphoric effects and contain any of the following intoxicating chemical compounds:
a. 
 
Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol),
JWH-018 (naphthalen-1-yl-(1-pentylindol-3-yl)methanone),
JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone),
JWH-200 ((1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone),
HU-210 ((6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahy-drobenzo [c]chromen-1-ol),
CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol), or
AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone);
b. 
Any derivative of the above listed intoxicating chemical compounds;
c. 
Any synthetic substance and its isomers with a chemical structure similar to the above listed intoxicating chemical compounds;
d. 
Any chemical alteration of the above listed intoxicating chemical compounds; or
e. 
Any other substantially similar chemical structure or compound; and
2. 
Products that elicit psychoactive or psychotropic euphoric effects and are marketed under any of the following trade 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 and Black Mamba.
The term "psychoactive herbal incense"
shall not include any product, substance, material, compound, mixture, or preparation that is specifically excepted by the UCSA (Health and Safety Code Section 11000 et seq.), listed in one of the UCSA's schedules of controlled substances (Health and Safety Code Sections 11053 through 11058), regulated by one of the USCA's Synthetic Drug Laws (Health and Safety Code Sections 11357.5, 11375.5 and 11401), regulated by the CSA (21 USC Section 81 et seq.) or approved by the FDA.
"Psychoactive or psychotropic stimulant effects"
means affecting the central nervous system or brain function to change perception, mood, consciousness, cognition and/or behavior in ways that are similar to the effects of cocaine, methylphenidate or amphetamines.
"Psychoactive or psychotropic euphoric effects"
means affecting the central nervous system or brain function to change perception, mood, consciousness, cognition and/or behavior in ways that are similar to the effects of cannabis.
"Sell," "selling" or "sale"
means to furnish, exchange, transfer, deliver or supply for monetary gain.
"Synthetic drug"
includes psychoactive bath salts and psychoactive herbal incense, as those terms are defined hereinabove.
(Ord. 1094-13 § 2)
A. 
It is unlawful for any person to claim or represent that a product that person is providing, distributing or selling is a synthetic drug within the city of Lawndale.
B. 
To determine if a person is claiming or representing that a product is a synthetic drug, the enforcing officer may consider any of the following evidentiary factors:
1. 
The product is not suitable for its marketed use (such as a crystalline or powder product being marketed as "glass cleaner");
2. 
The business providing, distributing or selling the product does not typically provide, distribute or sell products that are used for that product's marketed use (such as a liquor store selling "plant food");
3. 
The product contains a warning label that is not typically present on products that are used for that product's marketed use (such as "not for human consumption," "not for purchase by minors," or "does not contain chemicals banned by Section 11357.5");
4. 
The product is significantly more expensive than products that are used for that product's marketed use (such as a half of a gram of a substance marketed as "glass cleaner" costing fifty dollars);
5. 
The product resembles an illicit street drug (such as cocaine, methamphetamine or marijuana); or
6. 
The product's name or packaging uses images or slang referencing an illicit street drug (such as "Eight Ballz" or "Green Buddha").
C. 
Merely disclaiming a substance claimed or represented to be a synthetic drug as "not safe for human consumption" will not avoid the application of this section.
(Ord. 1094-13 § 2)
A. 
It is a public nuisance for any person to provide, distribute or sell any synthetic drug within the city of Lawndale.
B. 
It is a public nuisance for any person to allow the provision, distribution or sale of any synthetic drug on property owned, controlled or managed by such person within the city of Lawndale.
C. 
It is a public nuisance for any person to provide, distribute or sell any substance claimed or represented to be a synthetic drug within the city.
D. 
It is a public nuisance for any person to allow the provision, distribution or sale of any substance claimed or represented to be a synthetic drug on property owned, controlled or managed by such person within the city.
E. 
To determine if a person is claiming or representing that a substance or product is a synthetic drug, the enforcing officer may consider any of the evidentiary factors set forth in Section 9.30.040(B) of this chapter.
(Ord. 1094-13 § 2)
Any product(s) or substance(s) possessed, provided, distributed or sold in violation of any provision of this chapter shall be seized by the enforcing officers and removed and stored in accordance with law.
(Ord. 1094-13 § 2)
A. 
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, including without limitation, intoxicating chemical compounds that are specifically excepted by the California Uniform Controlled Substances Act (Health and Safety Code Section 11000 et seq.).
B. 
This chapter shall not apply to drugs or substances which are prohibited by state or federal law, including without limitation, California Health and Safety Code Sections 11357.5, 11375.5, 11401 and the Federal Controlled Substances Act.
C. 
This chapter shall not be deemed to prescribe any act which is positively permitted, prohibited or preempted by any state or federal law or regulation.
(Ord. 1094-13 § 2)