The City Council of the City of Encinitas finds and determines
that:
A. The chemical compounds defined in Section
9.26.030 and similar substances are intoxicating and/or hallucinogenic to humans upon ingestion, and are often used as alternatives to other drugs such as marijuana and methamphetamine; these chemical compounds are potentially dangerous to others; that their long term health effects are unknown; and that these intoxicating chemical compounds create a significant health and safety risk to the citizens of the City of Encinitas and others.
B. While
having similar or stronger physiological effects than high potency
marijuana, these intoxicating chemical compounds do not show a positive
reading in traditional law enforcement drug testing, which adds to
the desirability and increased use among drug abusers and increases
the threat to public health and safety by the avoidance of detection.
C. The
intoxicating chemical compounds described hereunder are not yet categorized
as controlled substances under state and federal law.
(Ord. 2012-12)
The purpose and intent of this chapter is to address the dangers
that the distribution, purchase, use, or advertisement of psychoactive
bath salts, psychoactive herbal incense and similar products pose
to the community, and provide the City with reasonable measures to
abate the public nuisance created by such conduct.
(Ord. 2012-12)
"Psychoactive bath salts"
are defined as follows:
1.
Any substance that contains a synthetic chemical compound that
elicits psychoactive or psychotropic stimulant effects including,
but not limited to, the following substances:
3,4-Methylenedioxymethcathinone (Methylone), 3,4-Methylenedioxypyrovalerone
(MDPV), 4-Methylmethcathinone (Mephedrone), 4-Methoxymethcathinone
(Methedrone), 4-Fluoromethcathinone (Flephedone), 3-Fluoromethcathinone
(3-FMC), naphthylpyrovalerone and 2-amino-1phenyl-1-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 effect and/or any other substantially similar chemical
structure or compound.
2.
Psychoactive bath salts are commonly marketed under the following
trade or street 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 but may be marketed under
other trade or street 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 such as those
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.
"Psychoactive herbal incense"
is defined as:
1.
JWH-018), 1-butyl-3-(1-naphtoyl) indole (JWH-073), 1-2-(4-morpholinyl) ethylhetic 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-naphtoyl) indole (JWH-073), 1-2-(4-morpholinyl) ethyl -3-(1-naphthoyl) indole (JWH-200), 5-(1,1-dimetheylheptyl)-2-(1R,3S)-3-hydroxycyclohexyl)-phenol, (CP-47,497), 5-(1,1-dimethyloctyl)-2-(1R,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 trade or street names: K2, K3, Spice, Genie, Smoke,
Pot-Pourri, Buzz, Spice99, Voodoo, Pulse, Hush, Mystery, Earthquake,
Black Mamba, Stinger, Ocean Blue, Serenity, Fake Weed, but may be
marketed under other trade or street names, and may contain a common
disclaimer that these products are "Not safe for human consumption."
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.
"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.
"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
incense.
"Advertising"
means any printed material that calls the public's attention
to things for sale.
"Possession"
means having for use or sale in one's actual or constructive
custody and/or control, and/or under one's authority or power, whether
such custody, control, authority, and/or power be exercised solely
or jointly with others.
(Ord. 2012-12)
It is unlawful for any person to possess any psychoactive bath
salts or psychoactive incense or similar substance within the City
of Encinitas.
(Ord. 2012-12)
If any psychoactive bath salts or psychoactive incense or similar
substances are found in the possession of any person or entity, they
may be confiscated and destroyed by the local law enforcement authority
or appropriate agency acting on behalf of the City.
(Ord. 2012-12)
This chapter and the various parts thereof are hereby declared
to be severable. Should any section or part of this chapter be declared
by the courts to be unconstitutional, void or invalid, such decision
shall not affect the validity of the chapter as a whole, or any portion
thereof other than the part or section declared to be unconstitutional,
void or invalid.
(Ord. 2012-12)