CARMEN A. TRUTANICH City Attorney REPORT NO. R 1 l - O 3 5? REPORT RE:

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1 City Hall East 200 N. Main Street Room 800 Los Angeles, CA (213) Tel (213) Fax CARMEN A. TRUTANICH City Attorney REPORT NO. R 1 l - O 3 5? ~f!'p REPORT RE: REVISED DRAFT ORDINANCE ADDING A NEW ARTICLE 6.6 TO CHAPTER IV OF THE los ANGELES MUNICIPAL CODE TO PROHIBIT THE SALE AND USE OF PRODUCTS CONTAINING MEPHEDRONE, METHYLENEDIOXYPYROVALERO, OR ANY OTHER CHEMICAL DERIVATIVE OF METHCATHINONE The Honorable City Council of the City of los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, California Honorable Members: Council File No This Office previously transmitted a draft ordinance prohibiting the sale and use of substances commonly referred to as "bath salts" to your Honorable Body on August 19, (Report No. R ) On September 16, 2011, your Honorable Public Safety Committee requested that the draft ordinance be modified to make unlawful the sale and use of products containing Mephedrone, Methylenedioxypyrovalerone (MDPV), or any other chemical derivative of Methcathinone. Pursuant to that request, this Office has prepared and now transmits for your consideration the enclosed revised draft ordinance, approved as to form and legality. This draft ordinance would add Article 6.6 to Chapter IV of the Los Angeles Municipal Code (LAMC) to prohibit the sale and use of products commonly referred to as "bath salts" containing certain synthetic stimulants or their chemical derivatives. The ordinance contains an urgency clause and requires adoption by a vote of three-fourths of the members of Council.

2 The Honorable City Coun... of the City of Los Angeles Page 2 Background & Summary of Ordinance The City Attorney's Office was requested to prepare an ordinance relative to restricting the sale and use of bath salts containing certain synthetic stimulants or their chemical derivatives. On September 7, 2011, the United States Drug Enforcement Administration (DEA) exercised its emergency scheduling authority to temporarily control three synthetic stimulants: Mephedrone, Methylendioxpyrovalerone and Methylene sold under the guise of "bath salts" or "plant food" as such action was necessary to protect the public from the imminent hazard posed by these dangerous chemicals. The DEA's action will make possessing and selling these synthetic stimulants or the products that contain them illegal in the United States for at least one year while the DEA and the United States Department of Heath and Human Services further study whether these chemicals should be permanently controlled. These synthetic stimulants will become temporarily designated as Schedule I substances under the Controlled Substances Act. The DEA action will not pre-empt the City from enacting a ban on products containing these synthetic stimulants. This draft ordinance would make it unlawful for any person to display for sale, sell, give, exchange, or otherwise distribute to any person products containing Mephedrone, Methylendioxypyrovalerone or any other chemical derivative of Methcathinone except as authorized by law. Further, it prohibits the use or possession with intent to use, ingest, inhale, or otherwise introduce into the human body products containing these synthetic drugs except as authorized by law. Council Rule 38 Referral A copy of the draft ordinance was sent, pursuant to Council Rule 38, to the Los Angeles Police Commission and Los Angeles Police Department with the request that all comments, if any, be presented directly to the City Council or its Committees when this matter is considered. If you have any questions regarding this matter, please contact Deputy City Attorney Brian Sottile at (213) He or another member of this Office will be present when you consider this matter to answer any questions you may have. Very truly yours, PBE:BS:pg Transmittal CARM~~ ~~/5UTANICH, City Attorney By ~~ ~v M:\PGEN\PGEN\BRIAN SOTIILE\Reports\BATH SALTS REVISED doc Vi PEDRO B. ECHEVERRIA Chief Assistant City Attorney

3 ORDINANCE NO.-~--~-- An ordinance adding a new Article 6.6 to Chapter IV of the Los Angeles Municipal Code to prohibit the possession, sale and use of products containing Mephedrone, Methylenedioxypyrovalerone (MDPV), or any other chemical derivative of Methcathinone. WHEREAS, the United States Drug Enforcement Administration (DEA) has exercised its emergency scheduling authority to temporarily control synthetic stimulants including Mephedrone, MDPV and Methylone sold under the guise of "bath salts" or "plant food" as such action was necessary to protect the public from the imminent hazard posed by these dangerous chemicals. Mephedrone, MDPV and other chemical derivatives of Methcathinone have reportedly produced an intense high, euphoria, extreme energy, hallucinations and insomnia and cause users to be easily provoked to anger; and WHEREAS, the DEA's action will make possessing and selling these synthetic stimulants or the products that contain them illegal in the United States for at least one year while the DEA and the United States Department of Heath and Human Services further study whether these chemicals should be permanently controlled. These synthetic stimulants will become temporarily designated as Schedule I substances under the Controlled Substances Act; and WHEREAS, substances that contain these synthetic stimulants or their chemical derivatives, are being marketed and sold as bath salts; and WHEREAS, the California Poison Control System reports that products marketed as "bath salts" containing synthetic stimulants such as Mephedrone and MDPV, which are chemical derivatives of Methcathinone and have been linked to adverse physical effects to persons resulting in hospitalization and death; and WHEREAS, the sale and use of products containing synthetic stimulants such as Mephedrone and MDPV are becoming a growing trend and problem across the United States. When ingested, snorted, smoked or injected, these synthetic stimulants produce effects similar to those of cocaine and methamphetamines, including chest pains, increased blood pressure, increased heart rate, extreme paranoia, suicidal tendencies and delusions; and WHEREAS, several states and cities have issued emergency bans or ordinances prohibiting these types of synthetic stimulants; and WHEREAS, there has been little public education and outreach relative to the risks and effects associated with the use of substances containing these types of synthetic stimulants; and

4 WHEREAS, it is necessary to preserve the peace and protect the general health, safety and welfare of the residents of the City. NOW~ THEREFORE~ THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. A new Article 6.6 is added to Chapter IV of the Los Angeles Municipal Code to read as follows: ARTICLE 6.6 BATH SALTS- SALE AND USE PROHIBITED SEC PRODUCTS CONTAINING MEPHEDRONE, METHYLENEDIOXYPYROVALERONE (MDPV) OR ANY OTHER CHEMICAL DERIVATIVE OF METHCATHINONE- SALE AND USE PROHIBITED. (a) It is unlawful for any person to display for sale, sell, give, exchange, or otherwise distribute to any person products containing Mephedrone, Methylendioxypyrovalerone (MDPV) or any other chemical derivative of Meihcathinone except as authorized by law. (b) It is unlawful for any person to use, or to possess with intent to use, ingest, inhale, or otherwise introduce into the human body products containing Mephedrone, MDPV or any other chemical derivative of Methcathinone except as authorized by law. (c) Penalty. Violation of this Section shall constitute a misdemeanor. (d) Severability. If any provision of this Section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions which can be implemented without the invalid provisions, and to this end, the provisions of this Section are declared to be severable. Sec. 2. Urgency Clause. The City Council finds and declares that this ordinance is adopted pursuant to the police power of the City of Los Angeles and the authority provided by the City Charter, and further finds that this ordinance is required because there is a current and immediate threat to the public health, safety, and welfare posed by the proliferation and use of products containing Mephedrone, MDPV and other chemical derivatives of Methcathinone. 2

5 Sec. 3. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, by a vote of not less than three-fourths of all of its members, at its meeting of JUNE LAGMAY, City Clerk Approved By Deputy Approved as to Form and Legality Mayor ::RM~:Ay~ BRIAN L. scfftil Deputy City Attorney Date?- 2 J.-- /(. File No M:\PGEN\PGEN\BRIAN SOTTILE\Ordinances\BATH SALTS REVISED doc 3