HomeMy WebLinkAboutOrdinance No. 2011-27 (Title: An ordinance repealing Ordinance 2011-07 which prohibited the use,possession and
sale of "K-2" and synthetic cannabinoid substances and the devices used to ingest these
substances.)
ORDINANCE NO. 2011-27
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
REPEALING ORDINANC� 2011-07, WHICH AM�ND�D
CHAPTER 54, OFFENS'ES AND MISCELLANEOUS
PROVISIIONS OF THE CODE OF ORDINANCES OF THE CITY
OF FRIENDSWOOD, TEXAS, ADOPTING A NEW ARTICLE VII,
ILLEGAL SMOKING PRODUCTS AND INGESTIONDEVICES TO
PROHIBTT THE USE,PURCHASE, POSSESSION AND SALE OF
ILLEGAL SMOHING PRODUCTS CONTAINING CERTAIN
PLANT, PLANT PRODUCTS OR DERIVATIVES, CHEMICAL
COMPOUNDS APPLIED TO PLANTS, AND PLANT PRODUCTB
AND THEIR DERIVATIVES OR OTHER SUBSTANCES, AND
INGESTION DEVICE5 USED IN CONNECTION WITH THE
ILL�GAL SMOKING PRODUCTS, AND TO PROHIBIT THE
USE, PURCHASE, POSSESSION, AND SALE OF THE
SYNTHETIC CANNABINOID PRODUCTS; DISPENSING WITH
A CULPABLE MENTAL STATE; PROVIDING A PENALTY OF
AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF
VIOLATION OF ANY PROVISION H�R�OF; AND PROVIDING
A REPLEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, AND AN EFFECTIVE DATE, DUE TO
PREEMPTION BY THE STATE OF TEXAS HEALTH AND
SAFETY CODE.
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Whereas, Ordinance 2011-07 was passed by the City Council of the City of
Friendswood, Texas ("City") on March 21, 2011, amending Chapter 54, Offenses and
Miscellaneous Provisions of the Code of the City prohibiting the use, possession and sale of"K-
2" and synthetic cannabinoid substances and the devices used to ingest these substances; and
Whereas, the addition of legislation in the State of Texas ("State") Health and Safety
Code containing regulation of synthetic cannabinoid substances has preempted the City's ',
ordinance concerning"K-2"and synthetic cannabinoid substances; and
Whereas, due to the State's preemption the City's ordinance concerning "K-2" and
synthetic cannabinoid substances is determined not to be needed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD,TEXAS:
Section 1. Ordinance 2011-07 prohibiting the use, possession and sale of"K-2" and
synthetic cannabinoid substances is hereby repealed.
Section 2. Article VII. of Chapter 54 of the Code of Ordinances of the City of
Friendswood, Texas entitled Illegul Smoking Products and Ingestion Devices is hereby repealed.
Section 3. In the event any section, paragraph, subdivision, clause, plu•ase, provision
sentence, or part of this Ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a coui�t of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any pai�t or
provision hereof other any part or provision hereof other than the part declared to be invalid or
unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would �
have passed each and every part of the same notwithstanding the omission of any and every pai�t
of the same notwithstanding the omission of any pai�t thus declared to be invalid or
unconstitutional, or whether there be one or more paits.
PASSED AND APPROVED on first reading this 12�h day of Sentember, 2011. I
PASSED,APPROVED,AND ADOPTED on second and�nal reading tl�is the 3rd �
day of October,2011.
�
. . S ith i
Mayor
ATTEST: �F ������s
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. l.,�C1n'�-/�` � � I,
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Melinda Welsh, TRMC '
City Secretaiy �Aq�� o� ,���p.��
Ord 2011-27 2 �
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