Oceanside Municipal Code Art. VII Synthetic Drugs and Mislabeled/Misbranded Products Containing…

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Editor's note— Ord. No. 16-OR0116-1, adopted March 2, 2016, set out provisions intended for use as Chapter 20, Article VI. As Article VI already exists in Chapter 20, for purposes of clarity to preserve the style of this Code, and at the editor's discretion, these provisions have been included as Chapter 20, Article VII.

The WHEREAS clauses contained in the ordinance from which this article is derived are hereby adopted as legislative findings of the Oceanside City Council and are ratified and confirmed as being true and correct and are hereby made a specific part of this ordinance upon adoption hereof.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)

Recreational use of synthetic cannabanoids, cathinones, and other novel psychoactive substances commonly known as "synthetic drugs" has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death, which also leads to an increase in associated criminal activity and medical aid emergencies. 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 article is to provide the city with reasonable measures to address the dangers to the community posed by such synthetic drugs and mislabeled/misbranded products containing psychoactive substances that are not otherwise regulated by state or federal law.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business shall have the same meaning as the term is defined in article 15, section 15.1.2 of this Code.

Consume, consuming or consumption means to ingest, inhale, inject, smoke, snort (insufflate), or take by anal suppository.

Distribute, distributing or distribution means to furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not.

Mislabeled/misbranded product(s) means any synthetic drug, substance that is represented to be a synthetic drug, novel psychoactive substance, or other product containing a psychoactive substance for which:

(1) The label is in any way false or misleading;

(2) The label does not bear the name and place of business of the manufacturer, repackager, or distributor of the finished form of the product;

(3) The label does not bear adequate directions for use; or

(4) The label does not bear adequate warnings against use or the potential effects of consumption.

Novel psychoactive substance means any compound that mimics the effects of any federally controlled schedule I or II substance, including, but not limited to, any quantity of a natural or synthetic material, compound, mixture, preparation, substance, and their analogue (including salts, isomers, esters, ethers, and salts of isomers) containing substances which have a psychedelic, psychotropic, hallucinogenic or other similar effect on the central nervous system and/or brain, including, but not limited to:

(1) 2,5-dimethoxy-amphetamine.

(2) 2,3-dihydro-1H-inden-2-amine.

(3) 2-fluoromethamphetamine.

(4) methoxyketamine.

(5) 2-(4-bromo-2,5-dimethoxyphenyl)ethanamine.

(6) 4-Chloro-2,5-dimethoxyphenethylamine.

(7) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine.

(8) 4-Ethyl-2,5-dimethoxyphenethylamine.

(9) 2-(2,5-Dimethoxyphenyl)ethanamine.

(10) 4-Iodo-2,5-dimethoxyphenethylamine.

(11) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine.

(12) 2,5-Dimethoxy-4-propylphenethylamine.

(13) 2-(2.5-dimethoxy-4-(methylthio)phenyl)ethanamine.

(14) 2-(10-Bromo-2,3,4,7,8,9-hexahydropyrano[2,3-g]chromen-5-yl)ethanamine.

(15) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine.

(16) 2-(7-Bromo-5-methoxy-2,3-dihydro-1-benzofuran-4-yl)ethanamine.

(17) N-(2-Methoxybenzyl)-1-(8-bromo-2,3,6,7-tetrahydrobenzo[1,2-b:4,5-b']difuran-4-yl)-2-aminoethane.

(18) 2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine.

(19) N-(2-methoxybenzyl)-1-[(7R)-3-bromo-2,5-dimethoxybicyclo[4.2.0]octa-1,3,5-trien-7-yl]methanamine.

(20) 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine.

(21) 2-(2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine.

(22) N-(2-Hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine.

(23) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine.

(24) 2,5-Dimethoxy-4-ethylthiophenethylamine.

(25) 2,5-Dimethoxy-4-isopropylthiophenethylamine.

(26) 2,5-Dimethoxy-4-(n)-propylthiophenethylamine.

(27) 2-(4-trifluoromethyl-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine.

(28) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-fluorophenyl)methyl]ethanamine.

(29) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2,3-methylenedioxyphenyl)methyl]ethanamine.

(30) 3-[1-(ethylamino)cyclohexyl]phenol.

(31) 3-hydroxyphencyclidine.

(32) 3-Methoxyeticyclidine.

(33) 1-[1-(3-methoxyphenyl)cyclohexyl]-piperidine.

(34) 2-(4-bromo-2,3,6,7-tetrahydrofurobensofuran-8-yl)-1-methyl-ethylamine.

(35) 3-(2-Diethylaminoethyl)-1H-indol-4-yl acetate.

(36) 4-acetoxy-N,N-dimethyltryptamine.

(37) 4-acetoxy-N,N-dipropyltryptamine.

(38) 4-Chlorophenylisobutylamine.

(39) Para-fluoroamphetamine.

(40) 4-fluoromethamphetamine.

(41) 4-Hydroxy-di-isopropyl-tryptamine.

(42) 4-hydroxy-N-methyl-N-ethyltryptamine.

(43) 3-(2-[Isopropyl(methyl)amino]ethyl)-1H-indol-4-ol.

(44) (R)-3-(N-methylpyrrolidin-2-ylmethyl)-4-hydoxyindole.

(45) 3-(2-[methyl(propyl)amino]ethyl)-1H-indol-4-ol.

(46) 4-methoxy-N-methyl-N-isopropyltryptamine.

(47) 4-Methoxyphencyclidine.

(48) 4-Methyl-α-ethyltryptamine.

(49) 4-methyl-a-pyrrolidinohexphenone.

(50) 5-(2-Aminopropyl)benzofuran.

(51) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran.

(52) 5-Iodo-2-aminoindane.

(53) 5-methyl-ethylone.

(54) 1-(5-methoxy-1H-indol-3-yl)propan-2-amine.

(55) N,N-diallyl-5-methoxytryptamine.

(56) N,N-Dethyl-5-Methoxytryptamine.

(57) 5-methoxy-diisopropyltryptamine.

(58) 5-methoxy-N,N-dimethyltryptamine.

(59) N-[2-(5-methoxy-1H-indol-3-yl)ethyl]-N-propylpropan-1-amine.

(60) N-[2-(5-methoxy-1H-indol-3-yl)ethyl]-N-methylpropan-2-amine.

(61) (R)-3-(N-methylpyrrolidin-2-ylmethyl)-5-methoxyindole.

(62) 6-(2-aminopropyl)benzofuran.

(63) 6-(2-Aminopropyl)-2,3,-dihydrobenzofuran.

(64) ((2-aminopropyl)benzofuran.

(65) ((2-aminopropyl)-2,3-dihydrobenzofuran).

(66) 1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine.

(67) Benzothiophenylcyclohexylpiperidine.

(68) N,N-Diisopropyltryptamine.

(69) 1,4-Dibenzylpiperazine.

(70) 1,4-dibenzylpiperazine.

(71) 2,5-Dimethoxy-4-bromoamphetamine.

(72) 2,5-Dimethoxy-4-chloroamphetamine.

(73) 2,5-dimethoxy-4-iodoamphetamine.

(74) N,N-Dipropyltryptamine.

(75) 2-(2-chlorophenyl)-2-(ethylamino)cyclohexanone.

(76) Fluoroamphetamine.

(77) Fluoromethamphetamine.

(78) Para-fluorophenylpiperazine.

(79) 7-hydroxymitragynine.

(80) 1-(3-Chlorophenyl)piperazine.

(81) N-(2-Methoxybenzyl)-2-(3,4,5-trimethoxyphenyl)ethanamine.

(82) 1-(thiophen-2-yl)-2-methylaminopropane.

(83) (RS)2-(3-methoxyphenyl)-2-(ethylamino)cyclohexanone.

(84) N-methyltryptamine.

(85) N-isopropyl-N-methyltryptamine.

(86) Methyl-alpha-pyrrolidinohexiophenone.

(87) N,N-dimethylamphetamine.

(88) 3-[2-(1-Amino-1-methylethyl)-1-hydroxycyclohexyl]phenol.

(89) 7-Bromo-5-(2-chlorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one.

(90) 1-(4-Methoxyphenyl)piperazine.

(91) Para-Methoxy-N-methylamphetamine.

(92) 1-[4-(trifluoromethylphenyl)]piperazine.

(93) 3-trifluoromethylphenylpiperazine.

(94) Kratom; drug "of concern" for the DEA.

Person includes any natural person, proprietor, business, firm, company, corporation, public corporation, club, trust, partnership, association or similar organization.

Possess, possessing or possession means to have a synthetic drug or mislabeled/misbranded product in one's actual or constructive custody or control, or under one's authority or power, whether such custody, control, authority or power be exercised solely or jointly with others.

Provide, providing or provision shall mean offering to distribute, give away, or sell a synthetic drug to any person.

Synthetic cannabinoid (also known as Spice) means:

(1) Any organic product consisting of plant material in granular, loose leaf, powder form, or in liquid or as a food additive, or any herbal-incense-type stimulant or hallucinogen product, that contains a synthetic stimulant compound that, when consumed, elicits psychoactive euphoric effects and

(2) Any laboratory-created compound that functions similar to the active ingredient in marijuana, tetrahydrocannabinol (THC), including, but not limited to, any quantity of natural or synthetic material, compound, mixture, preparation, substance, or their analogue (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist, including, but not limited to, the following:

a. Adamantoylindoles or adamantoylindazoles, including adamantyl carboxamide indoles and adamantyl carboxamide indazoles, or any compound structurally derived from 3-(1-adamantoyl) indole, 3-(1-adamantoyl)indazole, 3-(2-adamantoyl)indole, N-(1-adamantyl)-1H-indole-3-carboxamide, or N-(1-adamantyl)-1H-indazole-3-carboxamide by substitution at the nitrogen atom of the indole or indazole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole or indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent, including, but not limited to, the following: 2NE1, 5F-AKB-48, AB-001, AKB-48, AM-1248, JWH-018 adamantyl carboxamide, STS-135.

b. Benzoylindoles—any compound structurally derived from a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including, but not limited to, the following: AM-630, AM-661, AM-679, AM-694, AM-1241, AM-2233, RCS-4, WIN 48,098 (Pravadoline).

c. Cyclohexylphenols—any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the cyclohexyl ring to any extent, including, but not limited to, the following: CP 47,497, CP 55,490, CP 55,940, CP 56,667, cannabicyclohexanol.

d. Cyclopropanoylindoles—any compound structurally derived from 3-(cyclopropylmethanoyl)indole, 3-(cyclopropylmethanone)indole, 3- (cyclobutylmethanone)indole or 3-(cyclopentylmethanone)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl, or cyclopentyl rings to any extent.

e. Naphthoylindoles—any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl group, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the naphthyl ring to any extent, including, but not limited to, the following: AM-678, AM-1220, AM-1221, AM-1235, AM-2201, AM-2232, EAM-2201, JWH-004, JWH-007, JWH-009, JWH-011, JWH-015, JWH-016, JWH-018, JWH-019, JWH-020, JWH-022, JWH-046, JWH-047, JWH-048, JWH-049, JWH-050, JWH-070, JWH-071, JWH-072, JWH-073, JWH-076, JWH-079, JWH-080, JWH-081, JWH-082, JWH-094, JWH-096, JWH-098, JWH-116, JWH-120, JWH-122, JWH-148, JWH-149, JWH-164, JWH-166, JWH-180, JWH-181, JWH-182, JWH-189, JWH-193, JWH-198, JWH-200, JWH-210, JWH-211, JWH-212, JWH-213, JWH-234, JWH-235, JWH-236, JWH-239, JWH-240, JWH-241, JWH-242, JWH-258, JWH-262, JWH-386, JWH-387, JWH-394, JWH-395, JWH-397, JWH-398, JWH-399, JWH-400, JWH-412, JWH-413, JWH-414, JWH-415, JWH-424, MAM-2201, WIN 55,212.

f. Naphthoylnaphthalenes—any compound structurally derived from naphthalene-1-yl-(naphthalene-1-yl) methanone with substitutions on either of the naphthalene rings to any extent, including, but not limited to, the following: CB-13.

g. Naphthoylpyrroles—any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including, but not limited to, the following: JWH-030, JWH-031, JWH-145, JWH-146, JWH-147, JWH-150, JWH-156, JWH-243, JWH-244, JWH-245, JWH-246, JWH-292, JWH-293, JWH-307, JWH-308, JWH-309, JWH-346, JWH-348, JWH-363, JWH-364, JWH-365, JWH-367, JWH-368, JWH-369, JWH-370, JWH-371, JWH-373, JWH-392.

h. Naphthylmethylindenes—any compound containing a naphthylideneindene structure or which is structurally derived from 1-(1-naphthylmethyl)indene with substitution at the 3-position of the indene ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent, including, but not limited to, the following: JWH-171, JWH-176, JWH-220.

i. Naphthylmethylindoles—any compound structurally derived from an H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including, but not limited to, the following: JWH-175, JWH-184, JWH-185, JWH-192, JWH-194, JWH-195, JWH-196, JWH-197, JWH-199.

j. Phenylacetylindoles—any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including, but not limited to, the following: Cannabipiperidiethanone, JWH-167, JWH-201, JWH-202, JWH-203, JWH-204, JWH-205, JWH-206, JWH-207, JWH-208, JWH-209, JWH-237, JWH-248, JWH-249, JWH-250, JWH-251, JWH-253, JWH-302, JWH-303, JWH-304, JWH-305, JWH-306, JWH-311, JWH-312, JWH-313, JWH-314, JWH-315, JWH-316, RCS-8.

k. Quinolinylindolecarboxylates—any compound structurally derived from quinolin-8-yl-1H-indole-3-carboxylate by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the quinoline ring to any extent, including, but not limited to, the following: BB-22, 5-Fluoro-PB-22, PB-22.

l. Tetramethylcyclopropanoylindoles—any compound structurally derived from 3-tetramethylcyclopropanoylindole, 3-(1-tetramethylcyclopropyl)indole, 3-(2,2,3,3-tetramethylcyclopropyl)indole or 3-(2,2,3,3-tetramethylcyclopropylcarbonyl)indole with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the tetramethylcyclopropanoyl ring to any extent, including, but not limited to, the following: 5-bromo-UR-144, 5-chloro-UR-144, 5-fluoro-UR-144, A-796,260, A-834,735, AB-034, UR-144, XLR11.

m. Tetramethylcyclopropane-thiazole carboxamides—any compound structurally derived from 2,2,3,3-tetramethyl-N-(thiazol-2-ylidene)cyclopropanecarboxamide by substitution at the nitrogen atom of the thiazole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the thiazole ring to any extent, whether or not substituted in the tetramethylcyclopropyl ring to any extent, including: A-836,339.

n. Unclassified synthetic cannabinoids:

1. AM-087 (6aR,10aR)-3-(2-methyl-6-bromohex-2-yl)-6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.

2. AM-356 (methanandamide) (5Z,8Z,11Z,14Z)-N-[(1R)-2-hydroxy-1-methylethyl]icosa-5,8,11,14-tetraenamide; OR arachidonyl-1'-hydroxy-2'-propylamide.

3. AM-411 (6aR,10aR)-3-(1-adamantyl)-6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol AM-855 (4aR,12bR)-8-hexyl-2,5,5-trimethyl-1,4,4a,8,9,10,11,12b-octahydronaphtho[3,2-c]isochromen-12-ol.

4. AM-905 (6aR,9R,10aR)-3-[(E)-hept-1-enyl]-9-(hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a-hexahydrobenzo[c]chromen-1-ol.

5. AM-906 (6aR,9R,10aR)-3-[(Z)-hept-1-enyl]-9-(hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a-hexahydrobenzo[c]chromen-1-ol.

6. AM-2389 (6aR,9R,10aR)-3-(1-hexyl-cyclobut-1-yl)-6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-6H-dibenzo[b,d]pyran-1,9 diol.

7. BAY 38-7271 (-)-(R)-3-(2-Hydroxymethylindanyl-4-oxy)phenyl-4,4,4-trifluorobutyl-1-sulfonate.

8. CP 50,556-1 (Levonantradol) 9-hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate; OR [(6S,6aR,9R, 10aR)-9-hydroxy-6-methyl-3-[(2R)-5-ph enylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate; OR [9-hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10, 10a-octahydrophenanthridin-1-yl]acetate.

9. HU-210 (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3- (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol; OR [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyl octan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; OR 1,1-Dimethylheptyl-11-hydroxytetrahydrocannabinol.

10. HU-211 (Dexanabinol) (6aS, 10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; OR (6aS, 10aS)-9-(hydroxymethyl)-6,6-dimethyl- 3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.

11. HU-243 3-dimethylheptyl-11-hydroxyhexahydrocannabinol.

12. HU-308 [(91R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol.

13. HU-331 3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1,4-dione.

14. HU-336 (6aR,10aR)-6,6,9-trimethyl-3-pentyl-6a,7,10,10a-tetrahydro-1H-benzo[c]chromene-1,4(6H)-dione.

15. JTE-907 N-(benzol[1,3]dioxol-5-ylmethyl)-7-methoxy-2-oxo-8-pentyloxy-1,2-dihydroquinoline-3-carboxamide.

16. JWH-051 ((6aR,10aR)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-9-yl)methanol.

17. JWH-057 (6aR,10aR)-3-(1,1-dimethylheptyl)-6a,7,10,10a-tetrahydro-6,6,9-trimethyl-6H-Dibenzo[b,d]pyran.

18. JWH-133 (6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a-tetrahydro -6,6,9-trimethyl-6H-dibenzo[b,d]pyran.

19. JWH-359 (6aR,10aR)- 1-methoxy- 6,6,9-trimethyl- 3-[(2R)-1,1,2-trimethylbutyl]- 6a,7,10,10a-tetrahydrobenzo[c]chromene.

20. URB-597 [3-(3-carbamoylphenyl)phenyl]-N-cyclohexylcarbamate.

21. URB-602 [1,1'-Biphenyl]-3-yl-carbamic acid, cyclohexyl ester; OR cyclohexyl [1,1'-biphenyl]-3-ylcarbamate.

22. URB-754 6-methyl-2-[(4-methylphenyl)amino]-4H-3,1-benzoxazin-4-one.

23. URB-937 3'-carbamoyl-6-hydroxy-[1,1'-biphenyl]-3-yl cyclohexylcarbamate.

24. WIN 55,212-2 (R)-(+)-[2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone; OR [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[(1,2,3-de)-1,4-benzoxazin-6-yl]-1-napthalenylmethanone.

(3) Products that elicit psychoactive or psychotropic euphoric effects and are marketed under any of the following trade names, including but not limited to: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Voodoo, Pulse, Hush, Bliss, Black Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2, K3, Smoke, Spike, Pot-Pourri, Buzz, Spice 99, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy, Mr. Happy, K3 Legal, Sence, Smoke, Chill X, Earth Impact, Galaxy Gold, Space Truckin, Solar Flare, Moon Rocks, Aroma, Scope, Sky High, Atomic, G-20, Guerrilla Warfare, Makes Scents, g-13, Tiger Shark, California Dreams, Dank, Bullet, Mind Trip, Voodoo Child, Jazz, Nightlights, Matrix, Hypnotiq, AK47, Maui Wowie, Daylights, Joker, Dead Man Walking, Brain Storm, Soul Sence, Kush, Kush Mania, Dragons Fire, Lucid, Mad Hatter, Scooby Snax, D-ZL, OMG, Demon, Barely In, Pineapple Express, Hayze, Mystery, Earthquake, Ocean Blue, Stinger, Serenity, Fake Week and Black Mamba.

(4) The term "synthetic cannabinoid" shall not include any product, substance, material, compound, mixture, or preparation that is specifically excepted by the California Uniform Controlled Substances Act ("California UCSA") (Health and Safety Code §§11000 et seq.), listed in one of the California UCSA's schedules of controlled substances (Health and Safety Code §§11053-11058), regulated by one of the California UCSA's synthetic drug laws (Health and Safety Code §§11357.5, 11375.5 and 11401), regulated by the Federal Controlled Substances Act (the "CSA") (21 USC §§ 81 et seq.) or approved by the Food and Drug Administration ("FDA").

Psychoactive stimulant effects means affecting the central nervous system or brain function to change perception, mood, consciousness, cognition or behavior in ways that are similar to the effects of cocaine, methylphenidate or amphetamines.

Psychoactive euphoric effects means affecting the central nervous system or brain function to change perception, mood, consciousness, cognition 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 cathinone (bath salts) means any compound that mimics the effects of any federally controlled schedule I substance such as cathinone, methcathinone, MDMA, and MDEA including, but not limited to:

(1) Any quantity of a natural or synthetic material, compound, mixture, preparation, substance, and their analogue (including salts, isomers, and salts of isomers) containing substances which have a psychoactive stimulant effect on the central nervous system, including, but not limited to:

a. 2-diphenylmethylpyrrolidine.

b. 2-diphenylmethylpiperidine.

c. 2-fluoromethcathinone.

d. 3,4-dimethylmethcathinone.

e. 3-fluoromethcathinone.

f. 4-ethylmethcathinone.

g. 4-fluoromethcathinone.

h. 4-methyl-N-benzylcathinone.

i. 4-methyl-N-ethylcathinone.

j. 4-methylbuphedrone.

k. alpha-Pyrrolidinobutiophenone.

l. alpha-pyrrolidinopropiophenone.

m. alpha-Pyrrolidinopentiophenone.

n. 4-methylephedrone.

o. 2-(methylamino)-1-phenylbutan-1-one.

p. beta-Keto-N-methylbenzodioxolylpropylamine.

q. benzylpiperazine.

r. diphenyl-2-pyrrolidinyl-methanol.

s. (3-diethylamino-2,2-dimethylpropyl)-4-aminobenzoate.

t. 1-(Benzo[d][1,3]dioxol-5-yl)-2-(dimethylamino)butan-1-one.

u. dimethylethcathinone.

v. dimethylmethcathinone.

w. 2-(methylamino)-1-phenylpropan-1-one.

x. 2-ethylamino-1-phenyl-propan-1-one.

y. Ethylethcathinone.

z. Ethylmethcathinone.

aa. 3,4-methylenedioxy-N-ethylcathinone.

bb. beta-Keto-Ethylbenziodioxolylbutanamine.

cc. Fluorococaine.

dd. Fluoroethcathinone.

ee. Fluoroisocathinone.

ff. Fluoromethcathinone.

gg. 3-methoxymethcathinone.

hh. Isopentedrone.

ii. 4-methyl-alpha-pyrrolidinopropiophenone.

jj. Methylbuphedrone.

kk. 1-methyl-4-benzylpiperazine.

ll. 5,6-methylenedioxy-2-aminoindane.

mm. 6,7-methylenedioxy-2-aminotetralin.

nn. Dimethylone.

oo. Methylenedioxymethcathinone.

pp. 3,4-methylenedioxy-alpha-pyrrolidinobutiophenone.

qq. 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone.

rr. 3,4-methylenedioxypyrovalerone ; mephadrone.

ss. Methylethcathinone.

tt. 4-methylmethcathinone.

uu. N,N-dimethylcathinone.

vv. 4-methoxymethcathinone.

ww. Methylmethcathinone.

xx. 3,4-methylenedioxy-N-methylcathinone.

yy. Methoxymethcathinone.

zz. 4-methoxy-alpha-pyrrolidinopropiophenone.

aaa. 4-methyl-alpha-pyrrolidinobutyrophenone.

bbb. Naphthylpyrovalerone.

ccc. NRG-2.

ddd. 2-(methylamino)-1-phenyl-1-pentanone.

eee. beta-Keto-N-methylbenzodioxolylpentanamine.

(2) Any compound (not being bupropion) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:

a. By substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;

b. By substitution at the 3-position with an alkyl substituent;

c. By substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.

(3) Any other crystalline or powder product that contains a synthetic compound that, when consumed, elicits psychoactive stimulant effects. These drugs are marketed under names including, but not limited to, Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine (9), Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, TranQuility, Vanilla Sky, White Dove, White Night, and White Lightning; or

(4) Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds, or any chemical or natural alteration or analogue of the above listed compounds.

(5) The term "synthetic cathinone" shall not include any product, substance, material, compound, mixture or preparation that is specifically excepted by the California UCSA (Health and Safety Code §§ 11000 et seq.), listed in one of the California UCSA's schedules of controlled substances (Health and Safety Code §§ 11053-11058), regulated by one of the California UCSA's Synthetic Drug Laws (Health and Safety Code §§ 11357.5, 11375.5 and 11401), regulated by the CSA (21 USC §§ 81 et seq.) or approved by the FDA.

Synthetic drug means any synthetic cathinone, synthetic cannibanoid, novel psychoactive substance, and any other substance containing intoxicating, psychoactive or psychotropic compounds or chemicals, whether in crystalline, powder, granular, organic or liquid form, and which causes psychoactive or psychotropic stimulant or euphoric effects on the central nervous system and brain. The term "synthetic drug" shall not include any product, substance, material, compound, mixture, or preparation that is specifically excepted by the California UCSA (Health and Safety Code §§11000 et seq.), listed in one of the California UCSA's schedules of controlled substances (Health and Safety Code §§11053-11058), regulated by one of the California UCSA's synthetic drug laws (Health and Safety Code §§11357.5, 11375.5 and 11401), regulated by the CSA (21 USC §§ 81 et seq.) or approved by the FDA.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)

• Provision, display for sale, sale or distribution of synthetic drugs or mislabeled/misbranded products prohibited.

(a) It is unlawful for any person or business to sell, offer to sell, offer for sale, distribute, display, or deliver any synthetic drug or any mislabeled/misbranded product in the City of Oceanside.

(b) It is unlawful for any person to provide or sell or offer for sale a product for human consumption when the product is labeled "not for human consumption" or contains similar warnings when such product is in fact intended for human consumption.

(c) Evidence that a given product is a synthetic drug may be found from its intended use, which can be determined from its price, packaging, marketing, and the location and manner in which a given synthetic drug is displayed or distributed. While the question of whether a given product is being sold, offered for sale, distributed, displayed or delivered for use as a synthetic drug must be evaluated on its specific facts, the city finds that, to determine if a person is selling, offering to sell, distributing, displaying, or delivering a synthetic drug, the enforcing officer shall consider 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, displaying for sale, 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" or "potpourri");

(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," or "does not contain chemicals banned by the CSA, H&S Code sections 11357.5 and/or 11375.5");

(4) The product is significantly more expensive than products that are used for that product's marketed use (such as half of a gram of a substance marketed as "glass cleaner" costing fifty dollars ($50.00));

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

(6) The product's name or packaging uses images or slang referencing an illicit street drug (such as "Eight Ballz" or "Green Buddha").

(7) Aspects of the packaging or labeling suggesting the user will achieve a "high," euphoria, relaxation, mood enhancement, or that the product has other psychoactive or psychotropic effects on the brain or body;

(8) The methods by which the substance is distributed;

(9) The manner in which the substance is displayed, distributed, or sold to the public;

(10) The product label contains a restriction that it is not for sale to minors or anyone under the age of 18 when the product's marketed use would not contain such restrictions;

(11) Comparisons with accepted methods of marketing a legitimate nonprescription drug for medicinal purposes rather than for the purpose of drug abuse or any similar nonmedical use; or

(12) Verbal or written representations regarding the purpose, methods, use, or effect of the product.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)

(a) It is unlawful for any person to claim or represent that a product that person is providing, displaying for sale, distributing or selling is a synthetic drug within the City of Oceanside.

(b) The factors listed in 20.55.4 (C) shall also be considered to determine if a person is claiming or representing that a product is a synthetic drug.

(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. No. 16-OR0116-1, § 1, 3-2-2016)

(a) It is unlawful for any person to publicly possess or be under the influence of any synthetic drug within the City of Oceanside.

(b) In addition to the psychological and physiological effects visible to an officer that are typically exhibited by a person using a synthetic drug, including but not limited to hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism, panic attacks, psychosis, aggression, increased heart rate, increased blood pressure, agitation, anxiety, nausea, vomiting, tachycardia, tremors, seizures, paranoid behavior, or catatonia, the factors listed in 20.55.4 (C) shall also be considered to determine if a person is in possession or using a synthetic drug.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)

(a) It is a public nuisance for any person to provide, display for sale, distribute or sell any synthetic drug or any mislabeled/misbranded product within the City of Oceanside.

(b) It is a public nuisance for any person to allow the provision, display for sale, distribution or sale of any synthetic drug or any mislabeled/misbranded product on property owned, controlled or managed by such person within the City of Oceanside.

(c) It is a public nuisance for any person to provide, display for sale, distribute or sell any substance claimed or represented to be a synthetic drug within the City of Oceanside.

(d) It is a public nuisance for any person to allow the provision, display for sale, 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 of Oceanside.

(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 20.55.4(C) of this article.

(f) Any public nuisance found under this article to exist may be abated in accordance with the provisions of chapter 17 of this Code.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)

(a) The use of synthetic drugs has been documented to cause hallucinations, agitation, psychosis, intense aggression, suicidal and homicidal ideations, cannibalism and death. Any violation of this article presents a grave and imminent danger not only to the person consuming the synthetic drug, but also to the public at large. If the enforcing officer, based on the facts then known, determines that a violation of this article presents an imminent danger or hazard or is imminently injurious to the public health or safety, then any synthetic drug or mislabeled/misbranded product possessed, provided, distributed, displayed, or sold in violation of any provision of this article shall be deemed a drug-related nuisance and shall result in seizure of the entire inventory of all such products by the enforcing officers, and will be removed, stored and disposed of in accordance with applicable law.

(b) Any person convicted of any section of this article shall be deemed to have maintained or conducted a drug-related nuisance. The building, premises, furnishings, fixtures, equipment, moneys, and any other real or personal property used in or to facilitate the offense(s) that constituted the drug-related nuisance are subject to seizure, closure, and/or sale pursuant to Health and Safety Code sections 11570, 11581-11582.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)

(a) No person holding a City of Oceanside business license and owning or operating a business in the city may use that business to display, provide, distribute, possess, or sell any synthetic drug, any substance claimed or represented to be a synthetic drug, or any mislabeled/misbranded product.

(b) For those businesses that have not previously received educational material and guidance from the Oceanside Police Department regarding synthetic drugs, in order to protect the due process rights of such businesses, a first violation of this article shall result in a warning and educational guidance to be provided by OPD personnel, so as to allow businesses to ensure they do not sell or otherwise make synthetic drugs available without prior knowledge as to what is considered a synthetic drug for the purposes of this article.

(c) Any business that continues to operate in violation of this article after having received educational guidance poses an immediate threat to public health, safety and welfare and accordingly shall not operate during the pendency of any business license suspension or revocation process and/or appeal in accordance with section 15.5 of article 15 of this Code.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)

(a) The owner(s), occupant(s), proprietor(s), or other person(s) having possession or control of any buildings, business, or premises which constitute a public nuisance as defined in this article, or anyone who violates any order of abatement made pursuant to this article commits a public offense which may be prosecuted as a misdemeanor or infraction offense as defined in section 1.7 of chapter 1 of this Code.

(b) Each violation of this article, or every day a violation continues to exist, shall constitute a new and separate violation.

(c) The fine amounts set forth in section 1.7 of this Code may be modified, from time to time, by city council resolution. In no event shall such fine amounts exceed the amounts authorized by state law.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)

(a) In addition to the other remedies provided in this article, any activity determined to be a public nuisance under any section of this article may be abated by way of the administrative procedures set forth in article 1.14 of chapter 1 of this Code or civil injunctive action in accordance with this Code and at the direction of the city council.

(b) Each separate package and/or each day that any violation of this article is allowed to continue shall be subject to a five hundred dollar ($500.00) civil penalty against the violator in any civil nuisance abatement action.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)

Penalties and remedies under this article may be cumulative and in addition to other administrative, civil or criminal remedies set forth in this Code. In any administrative, civil, or criminal proceeding involving the abatement of a public nuisance, the city shall be entitled to recover its full reasonable costs of abatement, including but not limited to, investigation, analysis and prosecuting the enforcement action upon submission of proof of such cost by the city. This article shall not prohibit prosecution under any other provision of law.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)

(a) This article 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 which are specifically permitted by California law, including without limitation, intoxicating chemical compounds that are specifically excepted by the California UCSA (Health and Safety Code § 11000 et seq.) or the CSA (21 USC §§ 801, et seq.).

(b) This article shall not apply to drugs or substances that are prohibited by state or federal law, including without limitation, California Health and Safety Code §§ 11357.5, 11375.5, 11401 and the Federal Controlled Substances Act.

(c) This article shall not apply to food products, drugs, dietary supplements, cosmetics, or other substances regulated by the Food and Drug Administration and that are in compliance with that agency's requirements

(d) This article shall not be deemed to prescribe any act that is positively permitted, prohibited, or preempted by any state or federal law or regulation.

(Ord. No. 16-OR0116-1, § 1, 3-2-2016)