Chula Vista Municipal Code Ch. 9.24 Distribution of Psychoactive Bath Salts, Psychoactive Herbal Incense And…

DISTRIBUTION OF PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND LIKE PRODUCTS A PUBLIC NUISANCE

Sections:

• 9.24.010 Purpose and intent.

• 9.24.020 Definitions.

• 9.24.030 Public nuisance.

• 9.24.040 Enforcement.

• 9.24.050 Exemption for approval by FDA or California law.

• 9.24.060 Severability.

The purpose and intent of this chapter is to address the dangers to the community posed by the distribution and use of psychoactive bath salts, psychoactive herbal incense, and similar products, and to provide the City with reasonable measures to abate the public nuisance created by such conduct. (Ord. 3217 § 2, 2011; Ord. 3216 § 2, 2011).

• A. “Psychoactive bath salts” are defined as follows:

  1. 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-Methylenedioxymethcathinone (Methylone), 3,4-Methyenedioxypyrovalerone (MDPV),

  • 4-Methylmethcathinone (Mephedrone), 4-methoxymethcathinone (Methedrone), 4-Fluoromethcathinone (Flephedrone), 3-Fluoromethcathinone (3-FMC), naphthylpyrovalerone and 2-amino-l-phenyl-l-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.

2. Psychoactive bath salts are commonly marketed under 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 but may be marketed under other trade 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 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.

• B. “Psychoactive herbal incense” is defined as follows:

1. 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-(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 names: K2, K3, Spice, Genie, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Serenity, Fake Weed, but may be marketed under other trade names and contain a common disclaimer that these products are “not safe for human consumption.”

3. “Psychoactive herbal incense” does not include normal, standard incense that is sold as incense sticks, oils or cones that is commonly used for their aromatic qualities that do not contain any synthetic chemical compounds listed above that elicit psychoactive or psychotropic euphoric effects.

C. “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.

D. “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. (Ord. 3217 § 2, 2011; Ord. 3216 § 2, 2011).

A. It is a public nuisance for any person to distribute psychoactive bath salts and psychoactive herbal incense within the City of Chula Vista.

B. It is a public nuisance for any person to distribute any product or substance represented as or designed to resemble psychoactive bath salts and psychoactive herbal incense within the City of Chula Vista. Indications of distribution of substances represented as or designed to resemble psychoactive bath salts and psychoactive herbal incense shall include, without limitation, one or more of the following: the manner in which such substances are packaged, branded, described, marketed and/or portioned.

C. It is a public nuisance for any person to allow the distribution of psychoactive bath salts and psychoactive herbal incense on property owned, controlled or managed by such person within the City of Chula Vista.

D. Merely disclaiming these products as “not safe for human consumption” will not avoid the application of this chapter.

E. These declarations of public nuisance are based upon the declaration, findings and determinations by the City Council contained in Ordinance No. 3216 adopted by the City Council on November 1, 2011. (Ord. 3217 § 2, 2011; Ord. 3216 § 2, 2011).

In addition to the procedures and remedies for enforcement listed in Chapter 1.30 CVMC, Abatement of Public Nuisance, the City Attorney may file a civil action seeking an injunction to obtain compliance for the abatement of this public nuisance, and any other civil procedure cause of action and remedy the City Attorney deems appropriate for abatement including but not limited to seeking an order or warrant to confiscate psychoactive bath salts or psychoactive herbal incense. (Ord. 3217 § 2, 2011; Ord. 3216 § 2, 2011).

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. (Ord. 3217 § 2, 2011; Ord. 3216 § 2, 2011).

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 3217 § 2, 2011; Ord. 3216 § 2, 2011).