§ 13-171. Purpose, findings and legislative intent.  


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  • It is the purpose and intent of this division to preserve and protect the public health, safety and welfare of all city citizens and visitors. The distribution and use of synthetic drugs currently marketed under names like "bath salt," "spice" or "potpourri" has a substantial and detrimental impact on the public health, safety and welfare of the city and it is therefore necessary to identify and control such synthetic products that mimic currently illegal drugs. These new products are psychoactive chemical compounds frequently labeled and marketed under the aforesaid names or some other seemingly innocuous product name and usually include a disclaimer on the package such as "not for human consumption." These substances have in fact been manufactured for human consumption with synthetic chemical compounds that are intended to mimic the effects of amphetamines, cocaine, marijuana and other controlled substances under federal and state laws. As distinguished from these standard everyday products containing synthetic stimulants marketed as safe and legal alternatives to illegal drugs, but are often more potent and dangerous than illegal drugs and are known to produce panic attacks, dangerous hallucinations, delusions, paranoia, psychosis, suicidal thoughts, high blood pressure, anxiety, increased heart rate, kidney failure, heart failure, increased hostility, intense addiction, and numerous reported deaths. According to the American Association of Poison Control Centers received more than 6,100 calls about bath salt drugs in 2011, up from 300 for the year before, and more than 1,700 calls in the first half of 2012. Products containing these synthetic stimulants are particularly attractive packages at convenience stores as well as with appealing product names. The United States Drug Enforcement Agency (DEA) has previously exercised emergency scheduling authority to ban some synthetic chemical compounds used in psychoactive bath products and in 2012, the DEA extended its ban. New contraband synthetic drugs are being created which are not controlled by federal or state law but which have a potential for abuse similar to or greater than that for controlled substances. The new substances, sometimes classified as "controlled substance analogs" under federal and state law, can be designed to provide a desired pharmacological effect and to evade controlling statutory provisions more rapidly than they can be identified and controlled by action of federal agencies, Congress, state legislature, or the state attorney general. The threat posed by these synthetic drugs is immediate and therefore necessary to identify, control, and prohibit the synthetic drugs that mimic illegal drugs.

(Ord. No. O2013-10, § 1, 4-22-13)