WHEREAS, the city council has determined that businesses within the city are selling to the

Transcription

1 ORDANCENO /3/10 An ordinance adding Section to CHAPTER 31, OFFENSES - MISCELLANEOUS, of the Dallas City Code, as amended; defining terms; prohibiting the use, possession, or sale of synthetic cannabinoids and salvia divinorum in the city; prohibiting the use or possession of paraphernalia used or intended to be used to introduce synthetic cannabinoids or salvia divinorum into the human body; providing defenses; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, the city council has determined that businesses within the city are selling to the general public products containing synthetic cannabinoids, salvia divinorum, or related chemicals that when ingested produce intoxicating effects similar to marijuana; and WHEREAS, these products are being sold, distributed, and marketed in the form of incense or herbal smoking blends under names such as K-2, K-2 SUMMIT, K-2 SEX, GENIE, SPICE, DASCENTS, ZOHAI, SAGE, PEP SPiCE, SOLAR FLARE, K 0 KNOCK-OUT 2, SPICE GOLD, SPICE DIAMOND, SPICE CANNABINOID, YUCATAN FIRE, FIRE N ICE, and SALVIA DIVII\TORUM ; and WHEREAS, multiple international countries, the United States military services, the federal Drug Enforcement Administration, and various states and cities across the nation have acknowledged the increased use of these products and recognized the risk such products pose to the public health, safety, and welfare; and

2 WHEREAS, the city council finds that use of these products is a danger to the public health, safety, and welfare because the adverse side effects from the use of synthetic cannabinoids, salvia divinorum, or related chemicals include panic attacks, vomiting, tachycardia, elevated blood pressure, pallor, numbness and tingling, and in some cases, tremors and seizures; and WHEREAS, the federal government and the State of Texas have not yet designated synthetic cannabinoids, salvia divinorum, or related chemicals as controlled substances; and WHEREAS, the city council believes that, in order to promote the public health, safety, and welfare of the citizens of this city, products containing synthetic cannabinoids, salvia divinorum, or related chemicals and paraphernalia should be prohibited in the city of Dallas; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Article I, General, of CHAPTER 31, OFFENSES - MISCELLANEOUS, of the Dallas City Code, as amended, is amended by adding Section , Illegal Smoking Products and Related Paraphernalia Prohibited, to read as follows: SEC ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA PROHIBITED. (a) In this section: (1) ILLEGAL SMOKING PARAPHERNALIA means any equipment, device, or utensil that is used or intended to be used in ingesting, inhaling, or otherwise introducing into the human body an illegal smoking product, which paraphernalia includes but is not limited to: (A) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (B) (C) awater pipe; a carburetion tube or device:

3 Z (D) (E) (F) (G) (H) (I) (J) (K) a smoking or carburetion mask; a chamber pipe; a carburetor pipe; an electric pipe; an air-driven pipe; a chillum; a bong; or an ice pipe or chiller. (2) ILLEGAL SMOKII JG PRODUCT means any substance, however labeled and regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals: (A) Salvia divinorum, including: (i) (ii) (iii) all parts of the plant, whether growing or not; the seeds of the plant: any extract from any part of the plant; and (iv) any compound, salt, derivative, mixture, or preparation of the plant, its seeds, or its extracts, including Saivinorin A; (B) 2-1(1 R,3 S)-3 -hydroxycyclohexyll -5 -(2-methyloctan-2-yl)phenol (also known as CP47, 497) and homologues; (C) [(6aS, 1 OaS)-9-(hydroxymethyl)-6,6-dimethyl-3 -(2-methyloctan-2-yl)-6a, 7,10,1 Oa-tetrahydrobenzo[clchromen- 1-oil (also known as FIU-2 11 or Dexanabinol); (D) I -pentyl-3 -(1 -napthoyl)indole (also known as JWH-0 18); (E) 1-butyl-3-(1-napthoyl)indole (also known as JWH-073); or (F) I -pentyi-3-(4-methoxynaphtholy)indole (also known as JWH-08 1).

4 (b) A person commits an offense if. in the city, he: O28 product: (I) possesses. buys, sells, offers for sale, delivers, or transfers any illegal smoking (2) causes any illegal smoking product to be sold, delivered, or transferred to another person; product: or (3) uses, inhales, ingests, or otherwise introduces into his body any illegal smoking (4) uses or possesses with the intent to use any illegal smoking paraphernalia to inhale, ingest, or otherwise introduce into his body any illegal smoking product. (c) It is a defense to prosecution under this section that an illegal smoking product or illegal smoking paraphernalia was: (I) in the possession of a peace officer, or a person acting under the authority of a peace officer, acting in the performance of official duties; (2) in the possession of or being used by a governmental entity for a health, research, education, or similar program; (3) in the possession of or being used by a medical. educational. or research institute operating in compliance with all applicable city ordinances and state and federal laws: (4) possessed or used by a person under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances in the State of Texas; or (5) possessed or used by a person as part of a bona fide religious ritual or ceremony. (d) A person violating a provision of this section is. upon conviction, punishable by a fine not to exceed $ A person commits a separate offense for each day or part of a day during which a violation is committed, continued, or permitted. (e) The culpable mental state required for the commission of an offense under this section is governed by Section of this code. SECTION 2. That CHAPTER 31 of the Dallas City Code. as amended. will remain in full force and effect. save and except as amended by this ordinance. SECTION 3. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CI-IAPTER 1 of the Dallas City Code, as amended. 4

5 Passed Z SECTION 4. That this ordinance will take effect on August , and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assis ant City Attorn y flall RM/DCC/000030