ANCHORAGE, ALASKA AO No (S)

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1 Submitted by: Chair of the Assembly at the Request of the Mayor, Assembly Chair Traini, Assembly Vice Chair Gray-Jackson, and Assembly Member Honeman Prepared by: Dept. of Law For reading: October, 0 ANCHORAGE, ALASKA AO No. 0-(S) AN ORDINANCE REPEALING AND RE-ENACTING ANCHORAGE MUNICIPAL CODE SECTION..00, ILLICIT SYNTHETIC DRUGS, INCLUDING SUBSTANTIAL CHANGES TO THE PENALTY SECTION, AND AMENDING THE MINOR OFFENSE FINE SCHEDULE AND MISDEMEANOR PENALTY REFERENCE TABLE AT AMC SECTION.0.0 ACCORDINGLY. WHEREAS, the Anchorage Assembly found in 0 that synthetic cannabinoids and synthetic cathinones, including spice and bath salts, pose a serious risk to the health of the user and to public health and safety ; and WHEREAS, the Anchorage Assembly found in 0 that illicit drug products were available for purchase in various retail outlets, tobacco shops, [and] head shops in Anchorage; and WHEREAS, to combat the sale of illicit synthetic drugs, the Anchorage Assembly enacted Anchorage Municipal Code (AMC) section..00 Illicit Synthetic Drugs in AO 0-; and WHEREAS, as a consequence of AMC..00, it is currently unlawful for any person to possess, use, provide, sell, produce, manufacture, or distribute, or to offer, display, market, or advertise for sale, any illicit synthetic drug in the Municipality of Anchorage; and WHEREAS, violation of AMC..00 is a minor offense that can result in the imposition of a $00 fine for each product, package, tube, vial or container of illicit synthetic drug possessed, used, provided, sold, produced, manufactured, distributed, or offered, displayed, marketed, or advertised for sale; and WHEREAS, AMC..00 has proven effective at reducing the availability of illicit synthetic drugs at retail outlets, tobacco shops, and head shops; and WHEREAS, the Municipality has recently seen an unwelcome and significant rise in the use of synthetic cannabinoids and other illicit synthetic drugs, most of which is not connected to distribution at retail outlets, tobacco shops, or head shops; and WHEREAS, the Anchorage Fire Department and Anchorage Police Department are expending significant resources to respond to spice-related incidents; and WHEREAS, the minor offense fines proscribed in AMC..00 have not proven

2 AO regarding illicit synthetic drugs Page of adequate to address the current needs; and WHEREAS, the ability of the Anchorage Police Department to obtain search warrants to conduct complete illicit synthetic drug-related investigations is constrained because sale and use of illicit synthetic drugs is not currently a crime; now, therefore, THE ANCHORAGE ASSEMBLY ORDAINS: Section. Anchorage Municipal Code section..00, Illicit synthetic drugs, is hereby repealed and re-enacted to read as follows:..00 Illicit synthetic drugs. A. It is unlawful for any person to. recklessly provide, sell, produce, manufacture, or distribute any illicit synthetic drug;. knowingly possess or consume any illicit synthetic drug; or. [recklessly] possess, offer, display, market, or advertise for sale any misbranded drug. B. Defense. It shall be a defense to the prosecution of this section that a product is specifically exempted by, or regulated within and in compliance with, state or federal law. For the purposes of this section, it shall not be a defense that a product is not subject to regulation unless the product is specifically exempt from regulation; mere "nonregulation" without a specific regulatory exemption does not render a product exempt under this section. C. Definitions. For the purpose of this section, the following definitions apply:. A drug is an article that, when consumed, is intended to affect the function of the human body.. An illicit synthetic drug is any synthetic cannabinoid, synthetic cathinone, or other synthetic compound, whether applied to herbal or plant materials or not, that is designed to simulate the effects of marijuana, a controlled substance, or a controlled substance analogue when introduced into the human body. Controlled substances or controlled substance analogues are those referred to [found] in AS..0-0 and their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation; a substance listed in U.S.C. (c); a controlled substance analogue as defined in U.S.C. 0() or referred to in ; or a substance listed [emergency scheduling] pursuant to U.S.C. (h) or C.F.R. 0.(h).. Illicit synthetic drugs include the substances commonly known as spice and bath salts. Street names for illicit synthetic drugs include Atomic, Aura, Black Diamond, Black Mamba, Bliss, Blizzard, Blue Silk, Bombay

3 AO regarding illicit synthetic drugs Page of Blue, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Diablo, Drone, Eight Ballz, Energy-, Euphoria, Extreme Kush, Fake Weed, G-0, Galaxy Gold, Genie, Good Times, Hammer Head, Hurricane, Ivory Soft, Ivory Wave, Jazz, Joker, K, K, Kush, Lunar Wave, Maddie, Mad Hatter, Makes Scents, Matrix, Maui Wowie, MCAT, MDPK, MDPV, Meow Meow, MTV, Ocean Burst, OMG, Peeve, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Rippler, Scarface, Scooby Snax, Skunk, Smokin Dragon, Snow Leopard, Spice Gold, Stardust, Time Out, Twilight Zone, Vanilla Sky, Voodoo, Voodoo Spice, White China, White Dove, White Knight, White Lightning, White Rush, Zohai.. A misbranded drug is a. any drug in any packaging for which i. there is no label; ii. the label is in any way false or misleading; iii. the label does not bear the name and place of business of the manufacturer, repackager, or distributor of the finished form of the drug; iv. the label does not bear adequate direction for customary use; or v. the label does not bear adequate warnings against customary use; or b. any product to which any illicit synthetic drug has been added which has no legitimate relation to the advertised use of the product, whether or not the label meets the requirements herein.. In determining whether a product is a misbranded drug, statements on the packaging such as "not for human consumption" may be disregarded when other relevant factors (viewed alone or in totality) indicate that the product is intended to be consumed or ingested by humans or is a product regulated by this section. Other relevant factors that may be used to determine whether a product is prohibited by this section include, but are not limited to: verbal or written representations at the point of sale or seizure regarding the purpose, methods, use, or effect of the product; aspects of the packaging or labeling suggesting that the user will achieve a "high," euphoria, relaxation, mood enhancement, or that the product has other effects on the body; the cost of the product is disproportionately higher than other products marketed for the same use; the product contains a warning label stating or suggesting that the product is in compliance with state or federal laws regulating controlled substances; the product's name or packaging uses images or slang referencing an illicit street drug; illicit or underground methods of sale or delivery are employed by the seller or provider; or the product resembles an illicit street drug such as cocaine, methamphetamine, LSD, or marijuana. D. Penalties; seizure.

4 AO regarding illicit synthetic drugs Page of Violation of subsection A.. is a class A misdemeanor. Violation of subsection A.. is a class B misdemeanor. Violation of subsection A.. is a minor offense punishable as set forth on the minor offenses fine schedule.. For the purposes of subsection A.., each product, package, tube, vial, or container possessed, offered, displayed, marketed, or advertised for sale shall be a separate minor offense.. Any product found in violation of this section may be seized and held as evidence to be used in any future proceeding and may be disposed of as appropriate after its use for evidentiary purposes is no longer required, including in accordance with chapter.. (AO No. 0-,, --; AO No. 0-,, --) Section. Anchorage Municipal Code section.0.0 is hereby amended to read as follows (the remainder of the section omitted is not affected and therefore not set out):.0.0 Minor Offense Fine Schedule; Misdemeanor penalty reference table; and state surcharge. A. Minor offense fine schedule. In accordance with AS..00(a), citations for the following offenses may be disposed of as provided in AS...0, without a court appearance, upon payment of the fine amounts listed below plus the state surcharge required by AS..0 and AS..0, if applicable. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense listed below. Reduction of the scheduled fine amount is prohibited pursuant to Alaska Rules of Minor Offense Procedure (a). If an offense is not listed on this fine schedule or another fine schedule, the defendant must appear in court to answer to the charges. A person must respond to the citation within 0 days. Reduction of the scheduled fine amount is prohibited pursuant to Alaska Rules of Minor Offense Procedure (a). Title Section Fine amount *** *** *** *** *** *** *** *** *** Illicit synthetic drugs - misbranded..00a.. [E..] *** *** *** *** *** *** *** *** *** B. Misdemeanor offenses reference table. Section Description Penalty Penalty

5 AO regarding illicit synthetic drugs Page of..00a....00a.. Chapter. ALCOHOL AND DRUG OFFENSES Manufacture or distribute illicit synthetic drugs Possess or consume illicit synthetic drugs Class A Class B *** *** *** (AO No. 0-,, --; AO No. 0-,, --) Section.0.00H..0.00H. Section. This ordinance shall be effective immediately upon passage and approval by the Assembly. PASSED AND APPROVED by the Anchorage Assembly this day of, 0. ATTEST: Municipal Clerk Chair of the Assembly