Carpinteria Municipal Code Ch. 9.46 Synthetic Drugs

The purpose and intent of this chapter is to provide the city with measures to address the dangers to the community posed by synthetic drugs that are not regulated by state or federal law.

The city council finds the dangers of synthetic drugs, which have been documented to cause hallucinations, agitations, psychosis, aggression, suicidal and homicidal ideations, cannibalism, and death, require regulation.

This chapter shall not apply to any activity already regulated by state or federal drug laws, or any other applicable state or federal law or regulation.

(Ord. No. 710, § 1, 3-14-2016)

The following definitions shall apply to this chapter:

A. "Business" shall have the same meaning as the term is defined in Section 5.04.020 of this Code.

B. "Consume," "consuming," and "consumption" shall mean to ingest, inhale, inject, smoke or snort (insufflate).

C. "Distribute," "distributing," and "distribution" shall mean to furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not.

D. "Person" shall include any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association and/or similar organization.

E. "Possess," "possessing," and "possession," shall mean 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.

F. "Provide," "providing," and "provision" shall mean offering to distribute or sell a product or substance to any person.

G. "Psychoactive bath salts," shall mean 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 substances:

a. Substances that include but not limited to: Cathinone (2-amino-1-phenyl-1-propane), 4-methylmethcathinone (2-methylamino-1-(4-methylpheny)propan-1-one), 4-methoxymethcathinone (1-(4-methoxyphenyl)-2-(methylamine) propan-1-one), MDPV (methylenedioxypyrovalerone), methylene (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 (p-keto-N-methylbenzodioxolylbutamine), a-PPP (a- pyrrolidinopropiophenone), MPPP (4-methylpyrrolidinopropiophenone), MDPPP (3,4-methylenedioxy-apyrrolidinopropiophenone), a-PVP (1-phenyl-2-(1-pyrrolidinyl)-1-pentanone), naphyrone (1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one), 6-APDB (6-(2-aminopropyl)-2,3-dihydrobenzofuran), and analogs of MDA (3,4-methylenedioxy methamphetamine),

b. Any derivative of the above listed 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 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:

a. 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, white lightning, flakka and gravel.

H. "Psychoactive herbal incense" shall mean 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 substances:

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 or 1.1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol) (6aR, 1OaR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7, 10,10-atetra-hydrobenzo[c]chromen-1-ol), CP 47, 497 (2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP-47, 497, AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone), 1-pentyl-3-(2-methoxyphenylacetyl)indole (also known as JWH-250), 1- hexyl-3-(1-naphthoyl)indole (also known as JWH-019), 1-pentyl-3-(4-chloro-1-naphthoyl)indole (also known as JWH-398), N-benzylpiperazine (also known as BZP), 1- (3-trifluoromethylphenyl) piperazine (also known as TFMPP),

b. Any derivative of the above listed 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 compounds,

e. Any other substantially similar chemical structure or compound, or

f. Any other synthetic cannabinoid; and

2. Products that elicit psychoactive psychotropic euphoric effects and are marketed under any of the following trade names:

a. Eight ballz, spice, puff, sugar sticks, green budd, K2, K3, genie, smoke, potpouri, buzz, spice 99, Voodoo, pulse, hush, mystery, earthquake, stinger, ocean blue, stinger, serenity, fake weed, and black mamba.

I. "Psychoactive or psychotropic stimulant effects" shall mean 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.

J. "Psychoactive or psychotropic euphoric effects" shall mean 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.

K. "Sell," "selling," and "sale" shall mean to furnish, exchange, transfer, deliver, or supply for monetary gain.

L. "Synthetic drug" shall include psychoactive bath salts and psychoactive herbal incense, as those terms are defined hereinabove.

(Ord. No. 710, § 1, 3-14-2016)

A. The storage, provision, sale, or distribution of any synthetic drug in or from any property, structure, or building in the city is unlawful and declared to be a public nuisance, as is further described by Chapter 9.70 of the Carpinteria Municipal Code.

B. Civil Remedies Available; Remedies Cumulative. Any violation of any provision of this chapter shall constitute a public nuisance and may be abated by the city by civil process by means of a restraining order, a preliminary or permanent injunction, or in any manner provided by law for the abatement of such nuisance. All remedies herein are cumulative and non-exclusive.

C. Attorney's Fees. Any person, including the city, who prevails in any action or proceeding for the abatement of a public nuisance as provided herein shall be entitled to recover attorney's fees incurred in any such action or proceeding.

(Ord. No. 710, § 1, 3-14-2016)

A. Because the use of synthetic drugs has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism, and death, any violation of this chapter presents a grave and imminent danger not only to the person consuming the synthetic drug, but also to the public at large. Any sheriff deputy who issues a criminal citation under this chapter shall confiscate any synthetic drugs and store them, pending the conclusion of the criminal case.

B. The enforcing officer may consider any of the following evidentiary factors to determine if the product is a synthetic drug:

1. The product is not suitable for its marketed use (such as crystalline or powder being marketed as "glass cleaner");

2. 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");

3. The product resembles an illicit street drug (such as cocaine, methamphetamine or marijuana); or

4. The product's name or packaging uses images or slang referencing an illicit drug.

(Ord. No. 710, § 1, 3-14-2016)

No person holding a validly issued city business license and owning or operating a business in the city may use that business to provide, distribute, or sell any synthetic drug or any substance claimed or represented to be a synthetic drug. A violation of this chapter by the holder of a validly issued city business license shall constitute grounds for suspension or revocation of a business license in accordance with the procedures set forth in Chapter 5.04 of this code.

(Ord. No. 710, § 1, 3-14-2016)

Any products or substances possessed in violation of any provision of this chapter shall be seized and stored in accordance with law.

(Ord. No. 710, § 1, 3-14-2016)

A. This chapter shall not apply to drugs or substances lawfully prescribed or to intoxicating chemical compounds that have been approved by the Federal Food and Drug Administration or are specifically permitted by California law.

B. This chapter shall not be deemed to prohibit any act that is permitted, prohibited, or preempted by any state or federal law or regulation.

(Ord. No. 710, § 1, 3-14-2016)