Taft Municipal Code Ch. 7 Regulation of Psychoactive Bath Salts, Psychoactive Herbal Incense, And…

Recreational or other 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 thoughts, 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 of Taft with reasonable measure to address the dangers to the community posed by synthetic drugs that are not regulated by state or federal law. (Ord. 808-15, 2-17-2015)

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

BUSINESS: Any commercial enterprise subject to requirements that a business license be obtained from the city of Taft.

CONSUME, CONSUMING OR CONSUMPTION: To ingest, inhale, inject, smoke or snort (insufflate).

DISTRIBUTE, DISTRIBUTING OR DISTRIBUTION: To furnish, give away, exchange, transfer, deliver or supply, whether or not for monetary gain.

PERSON: Includes any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association or similar organization.

POSSESS, POSSESSING OR POSSESSION: 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 or power be exercised solely or jointly with others.

PROVIDE, PROVIDING OR PROVISION: Offering to distribute or sell a product or substance to any person, whether or not for monetary gain.

PSYCHOACTIVE BATH SALTS: 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:

(A) Products that elicit psychoactive or psychotropic stimulant effects and contain any of the following intoxicating chemical compounds:

1. Cathinone (2-amino-1-phenyl-1-propanone), 4- methylmethcathinone (2-methylamino-1-(4- methylphenyl)propan-1-one), 4-methoxymethcathinone (1-(4-methoxyphyenyl)-2-(methylamino)propan-1- one), MDPV (methylenedioxypyrovalerone), MDMA (3, 4-methylenedioxy-N-methylamphetamine), 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 (13- keto-N-methylbenzodioxolylbutanamine), a-PPP (a- pyrrolidinopropiophenone), MPPP (4'-methyl-a- pyrrolidinopropiophenone), MDPPP (3',4'- methylenedioxy-a-pyrrolidinoprio-piophenone), a- PVP (1-phenyl-2-(1-pyrrolidinyl)-1-pentanone) or naphyrone (1-naphthalen-2-yl-2-pyrrolidin-1- ylpentan-1-one);

2. Any derivative of the above listed intoxicating chemical compounds;

3. Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds;

4. Any chemical alteration of the above listed intoxicating chemical compounds; or

5. Any other substantially similar chemical structure or compound; and

(B) 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. This list of names is not all inclusive and is intended only as a guide which is contemporaneous with passage of this chapter. It is in no way intended to limit enforcement of these provisions to the trade names listed herein.

(C) 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 1 ("UCSA"), listed in one of the UCSA's schedules of controlled substances 2 , regulated by one of the UCSA's synthetic drug laws 3 , 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: 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:

(A) Products that elicit psychoactive or psychotropic euphoric effects and contain any of the following chemical compounds:

1. Cannabicyclohexanol (2-[(1R,3S)-3- hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol), JWH-018 (naphthalene-1-yl-(1-pentylindol-3- yl)methanone), JWH-073 (napththalen-1-yl-(1- butylindol-3-yl)methanone), JWH-200 ((1-(2- morpholin-4-ylethyl)indol-2-yl)-naphthalen-1- ylmethanone), HU-210 ((6aR,1OaR)-9- (hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2- yl)-6a,7,10,1Oa-tetrahydrobenzo [c]chromen-1-ol), CP 47, 497 (2-[(1R,3S)-3- hydroxycyclohexyl]-5-(2- methyloctan-2-yl)phenol) CP 47,497 (2-[1R,3S)-3- hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) or AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]- (nap-thalen-1-yl)methanone);

2. Any derivative of the above listed intoxicating chemical compounds;

3. Any synthetic substance and its isomers with a chemical structure similar to the above listed intoxicating chemical compounds;

4. Any chemical alteration of the above listed intoxicating chemical compounds; or

5. Any other substantially similar chemical structure or compound; and

(B) Products that elicit psychoactive or psychotropic euphoric effects and are marketed under any of the following names: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Fake Weed and Black Mamba. This list of names is not all inclusive and is intended only as a guide which is contemporaneous with passage of this chapter. It is in no way intended to limit enforcement of these provisions to the trade names listed herein.

(C) The term psychoactive herbal incense shall not include any product, substance, material, compound, mixture, or preparation that is psychoactive herbal incense, and other synthetic drugs specifically excepted by the UCSA 1 , listed in one of the UCSA's schedules of controlled substances 2 regulated by one of the UCSA's synthetic drug laws 3 , regulated by the CSA (21 USC section 81 et seq.) or approved by the FDA.

PSYCHOACTIVE OR PSYCHOTROPIC EUPHORIC EFFECTS: 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.

PSYCHOACTIVE OR PSYCHOTROPIC STIMULANT EFFECTS: 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.

SELL, SELLING OR SALE: 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 herein. (Ord. 808-15, 2-17-2015)

(A) It is unlawful for any person to provide, display for sale, distribute or sell any synthetic drug within the city of Taft.

(B) Including a disclaimer in any form or in any location that a synthetic drug is "not safe for human consumption", or any similar disclaimer, will not avoid the application of this section. (Ord. 808-15, 2-17-2015)

(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 Taft.

(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, 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");

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 Health And Safety Code section 11357.5");

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 $50.00);

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) Including a disclaimer in any form or in any location that a synthetic drug is "not safe for human consumption", or any similar disclaimer, will not avoid the application of this section. (Ord. 808-15, 2-17-2015)

It is unlawful for any person to possess any synthetic drug within the city of Taft. (Ord. 808-15, 2-17-2015)

(A) It is a public nuisance for any person to provide, display for sale, distribute or sell any synthetic drug within the city of Taft.

(B) It is a public nuisance for any person to allow the provision, display for sale, distribution or sale of any synthetic drug on property owned, controlled or managed by such person within the city of Taft.

(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 Taft.

(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 Taft.

(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 3-7-4 of this chapter. (Ord. 808-15, 2-17-2015)

Because the use of synthetic drugs has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal thoughts, and death, any violation of this chapter presents an immediate threat and grave and imminent danger not only to the person consuming the synthetic drug, but also to the public at large. If the code compliance officer, city manager, or other designated official, based on the facts then known, determines that a violation of this chapter presents an immediate threat, imminent danger or hazard or is imminently injurious to the public health or safety, then that violation is punishable by the emergency abatement procedures set forth in section 3-4-11 of this title. (Ord. 808-15, 2-17-2015)

No person holding a city business license and owning or operating a business in the city of Taft may use that business to provide, distribute or sell any synthetic drug or any substance claimed or represented to be a synthetic drug. Along with other applicable penalties, a violation of this section by the holder of a city of Taft business license, or their employees or agents, shall constitute grounds for immediate modification, suspension, revocation, or any combination thereof, of said license. (Ord. 808-15, 2-17-2015)

Established by resolution of the city of Taft city council.

(A) Misdemeanor Violation: Failure to comply with any of the requirements of this chapter is a misdemeanor punishable by imprisonment in the city or county jail for a period not exceeding six (6) months or by fine not exceeding one thousand dollars ($1,000.00), or by both, provided that where the city attorney determines that such action would be in the interest of justice, he or she may specify in the accusatory pleading that the offense shall be an infraction.

(B) Infraction Violation: Where the city attorney determines that, in the interest of justice, a violation of this chapter is an infraction, such infraction is punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year, and a fine not exceeding five hundred dollars ($500.00) for each additional infraction violation of the same provision within one year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her, unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance or a deposit of bail. However, any person who has previously been convicted two (2) or more times during any twelve (12) month period for any violation of this chapter for a crime made punishable as an infraction shall be charged with a misdemeanor upon the third violation.

(C) Fines Set By Resolution: The fine amounts set forth above 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. 808-15, 2-17-2015)

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, stored and disposed of in accordance with law. (Ord. 808-15, 2-17-2015)

(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 which are specifically permitted by California law, including, without limitation, intoxicating chemical compounds that are specifically excepted by the California uniform controlled substances act 1 .

(B) This chapter shall not apply to drugs or substances that are prohibited by state or federal law, including, without limitation, California Health And Safety Code sections 11357.5, 11375.5, and 11401 and the federal controlled substances act.

(C) This chapter shall not be deemed to prescribe any act that is positively permitted, prohibited or preempted by any state or federal law or regulation. (Ord. 808-15, 2-17-2015)

(A) Intent: Recreational or other use of psychoactive bath salts, psychoactive herbal incense (commonly referred to as "spice" or "synthetic marijuana") and similar products commonly known as "synthetic drugs", has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal thoughts, 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 such laws and regulations. The purpose and intent of this chapter is to protect the public health and safety within the county of Kern from the dangers and ill effects of all synthetic drugs by declaring certain activities involving synthetic drugs to be a public nuisance and subject to all available civil remedies and, to provide the county of Kern with reasonable measures to address the dangers to the community posed by synthetic drugs that are not regulated by state or federal law.

(B) Incorporation By Reference: Pursuant to Government Code section 50022.1 et seq., ordinance G-8602 of the board of supervisors of the county of Kern, state of California which adds chapter 9.44 to title 9 of the Kern County ordinance code concerning psychoactive bath salts, psychoactive herbal incense (spice) and other synthetic drugs and each and every term, provision, rule, and regulation therein is hereby incorporated by this reference as if fully set forth herein verbatim. Provided, however, that all references to "unincorporated areas of the county of Kern" are hereby replaced with "the county of Kern" and this section shall apply within the city's boundaries.

(C) Environmental Quality Act: This section is exempt from the requirements of the California environmental quality act (CEQA) pursuant to section 15061(b)(3) of the CEQA guidelines and is not a project which has the potential for causing a significant effect on the environment.

(D) Severability: If any subsection, sentence, clause or phrase of this section is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining subsections of this section. The city council of the city of Taft hereby declares that it would have passed this section, and each subsection, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(E) Effective Date; Publication: This section shall take effect thirty (30) days after the date of its adoption, and within fifteen (15) days after its adoption shall be published at least once in the "Daily Midway Driller", a newspaper of general circulation, published and circulated in the city of Taft together with the names of members of the city council voting for and against same.

(F) Supplement: This section and all its subsections, shall supplement sections 3-7-1 through 3-7-11 of this chapter, and shall neither override nor contradict any part of this chapter. (Ord. 819-16, 8-2-2016)