San Diego Kratom 2016

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(O-2016-125)
ORDINANCE NUMBER O-
20657
(NEW
SERIES)
DATE OF
FINAL
PASSAGE
JUN 15 2016
AN
ORDINANCE AMENDING CHAPTER
5,
ARTICLE
2 OF
THE SAN DIEGO MUNICIPAL CODE BY ADDING A NEW
DIVISION
33,
TITLED PROHIBITING THE
MANUFACTURING,
SALE,
DISTRIBUTION, AND
POSSESSION
OF FEDERAL SCHEDULE
I
DRUGS, NOVEL
SYNTHETIC DRUGS, AND NOVEL PSYCHOACTIVE
DRUGS
WHEREAS, in
the
City
of
San
Diego,
there
is an immediate
threat
to the
public
safety
and
welfare,
in
that
unregulated
novel
drugs,
including
synthetic drugs, some
of
which
are
commonly
known
as
"spice"
or "bath salts," continue to
proliferate
at an
alarming
rate
due to
easy access,
low
price,
and
powerful
effect;
and
WHEREAS,
these
drugs are
widely
available
in
stores;
and
WHEREAS,
according
to the San
Diego
Fire-Rescue
Department, emergency
medical
personnel have responded to over 650
"spice"
synthetic drug related incidents between
April
2015 and
March
2016;
and
WHEREAS,
use of unregulated
novel
drugs has been documented to produce
psychological
effects
similar
to
those
of
cocaine,
marijuana,
MDMA
(commonly
known
as
"ecstasy" or
"molly")
and methamphetamine,
including
paranoia, panic attacks, psychotic
episodes, aggression, and
suicidal
ideations, as
well
as
physiological
effects
including
increased
blood
pressure,
agitation, anxiety,
nausea,
vomiting,
tachycardia, tremors, seizures, intense
hallucinations,
kidney
damage, catatonia, or death; and
WHEREAS,
unregulated
novel
drugs are extremely
dangerous
and are
gaining
popularity
at an
alarming
rate
among diverse sections of
San
Diego's
population,
including
minors;
and
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(O-2016-125)
WHEREAS,
certain
types
of
"spice"
have
been
marketed
under
various
trade
names,
including
the
following:
AK47,
Aroma, Scope,
Atomic,
Barely In, Black Mamba,
Bliss,
Bombay
Blue,
Brain Storm, Bullet,
Buzz,
California
Dreams,
Chill X,
Chronic Spice,
D-ZL,
Dank, Daylights, Dead Man
Walking,
Demon, Dragons Fire, Earth
Impact,
Earthquake, Fake
Weed, G13, G-20, Galaxy
Gold,
Genie,
Guerrilla
Warfare, Hayze, Mystery, Hush, Hypnotiq,
Jazz, Joker,
K2, K3
Legal,
K3,
Kush, Kush
Mania,
Lucid,
Mad
Hatter,
Makes
Scents,
Matrix,
Maui
Wowie,
Mind
Trip,
Moon Rocks,
Mr.
Happy,
Mr.
Nice Guy, Mystery, Nightlights, Ocean
Blue,
OMG,
Pineapple Express, Pot-Pourri, Potpourri, Pulse, Scooby Snax, Sence, Serenity,
Skunk, Sky
High,
Smacked, Smoke, Solar Flare, Soul Sence,
Space
Truckin,
Spice, Spice 99,
Spice
Gold,
Spice Silver, Spike, Stinger, Tiger Shark, Voodoo, Voodoo
Child,
and
Zohai;
and
WHEREAS,
certain
types
of
"bath
salts"
have
been
marketed
under
various
trade
names,
including
the
following:
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;
and
WHEREAS,
unregulated
novel
drugs
have
been
found to contain new,
unique
combinations of chemical
compounds
currently
unregulated
by
state
law; and
WHEREAS,
California
law prohibits only ten
types
of
synthetic
drugs
in
California
Health and Safety Code (Health and Safety Code) section
11357.5
(banning five
enumerated
synthetic
cannabinoid
compounds
and derivatives) and Health and Safety Code section
11375.5
(banning
five
enumerated
synthetic
stimulant
compounds
and derivatives); and
WHEREAS,
federal law prohibits additional
synthetic
drugs
as
well
as many new
psychoactive
drugs,
as listed in Schedule
1
of
the Federal Controlled
Substances
Act (Federal
CSA);
and
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(O-2016-125)
WHEREAS,
Federal Schedule I drugs, as described in
21
U.S.C.
§
812(b)(l)(A)-(C),
"have a
high
potential
for
abuse, . .
.
have no currently accepted
medical
use
in
treatment
in
the
United
States,... [and have no] accepted safety
for
use
of the
drug or other
substance
under
medical
supervision";
and
WHEREAS,
the
Federal
Schedules
of
Controlled
Substances (21
C.F.R.
§§ 1308.11-
1308.15),
are
far
more comprehensive than
California's
Drug
Schedules
(Cal.
Health
& Safety
Code§§
11054-11058); and
WHEREAS,
the
Federal
Schedules
of
Controlled
Substances are updated
annually
and
allow
for
emergency
scheduling,
but
California
has no
similar
system
in
place;
and
WHEREAS,
state
and
federal
laws
prohibit
certain compounds
that
are used to
create
synthetic drugs, but they are not comprehensive enough to
eliminate
the
distribution,
sale, or
possession
of
all
unregulated
novel
drugs and their
derivatives
and analogs
in
the
City
of
San
Diego.
These drugs are unscheduled in
California
and most are unregulated by the
state;
and
WHEREAS,
in
response to the
efforts
by
federal
and
state
legislators
to outlaw the
chemicals
in such drugs, chemists
continually
reconfigure
and alter the
composition
of
the
specific
substances
to produce
novel
versions of
such
drugs, escaping the scope
of
the
law.
They
accomplish
this by
altering
the
molecular
architecture
of
the
chemicals
used
in
the products to
produce a series
of
different
compounds
which
are
closely
related to the
prohibited
substances,
but
which
are not
listed
in the
state
or
federal
schedules of
controlled
substances
and are not
recognized
analogs of
any
listed
controlled
substance; and
WHEREAS,
at least ten cities or
local
governments in
California
have adopted
local
laws
to prohibit unregulated
novel
drugs,
including
Adelanto,
Barstow,
Chula
Vista,
Encinitas,
Oceanside,
Redlands,
Rialto,
San
Bernardino,
San
Diego
County,
South
Lake
Tahoe,
Twenty
Nine
Palms,
and
Victorville;
and
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