HomeMy WebLinkAboutOrdinance No. 2014-37 (Title: an ordinance approving an amendment to Chapter 54 of the Code of Ordinances
relating to the prohibition of illicit synthetic drugs.)
ORDINANCE NO. 2014-37
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES, FRIENDSWOOD, TEXAS, RELATING TO
THE PROHIBITION OF ILLICIT SYNTHETIC DRUGS;
CONTAINING FINDINGS AND OTHER PROVISIONS
RELATING TO THE FOREGOING SUBJECT;
DECLARING CERTAIN CONDUCT TO BE UNLAWFUL
AND PROVIDING A PENALTY THEREFORE;
PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
WHEREAS, the City Council finds that a wide variety of herbal and plant materials
containing synthetic chemicals are being produced to mimic the intoxicating effects of
marijuana, ecstasy,methamphetamines, and other controlled substances; and
WHEREAS, these designer illicit synthetic drugs ("synthetic cannabinoids", commonly
referred to as "Kush") are often sold in legal retail outlets as household products such as "herbal
incense" and labeled "not for human consumption" to mask their intended purpose and to avoid
the U.S. Food and Drug Administration's regulatory oversight of the manufacturing process; and
WHEREAS, the Drug Enforcement Administration recognizes that synthetic
cannabinoids constitute an immediate hazard to public safety; and
WHEREAS, the U.S. Customs and Border Protection found a number of illicit synthetic
drugs appear to originate overseas and are manufactured in the absence of quality controls and
devoid of governmental regulatory oversight; and
WHEREAS, such substances have been reported to cause serious side effects that
endanger the health and safety of individuals, including severe agitation and anxiety, racing
heartbeat and higher blood pressure, nausea and vomiting, muscle spasms, seizures, and tremors,
intense hallucinations,psychotic episodes, and suicidal thoughts and actions; and
WHEREAS, the University of Michigan Institute for Social Research found that in 2013
these illicit synthetic drugs were the second most widely used illicit drug (after marijuana)
among tenth graders, and the third most used (after marijuana and amphetamines) among twelfth
graders; and
WHEREAS, the packaging and representations made at the point of sale of illicit
synthetic drugs often indicate, suggest, imply, or represent that the product is a substitute for or
mimics the pharmacological effects of marijuana, ecstasy, methamphetamines or other controlled
substances, or controlled substance analogues as defined by section 481.002 of the Texas Health
and Safety Code; and
WHEREAS, businesses that sell illicit synthetic drugs often conceals them from public
display so as to escape the notice of law enforcement personnel; and
WHEREAS, the illicit synthetic drugs are sometimes marketed as a safe and legal
substitute to marijuana; and
WHEREAS, the packaging of the illicit synthetic drugs does not provide accurate
information about the synthetic chemicals in or on the product; and
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WHEREAS, despite the best efforts of federal and state legislators to outlaw illicit
synthetic drugs, manufacturers continually reconfigure the banned substances to produce new
synthetic drugs not subject to existing regulations; and
WHEREAS, City Council finds regulation of illicit synthetic drugs is necessary to
complement current state and federal laws and to protect the public health, safety and welfare;
NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. That the findings contained in the preamble of this Ordinance are
determined to be true and correct and are hereby adopted as part of this Ordinance.
Section 2. That Chapter 54 of the Code of Ordinances, Friendswood, Texas, is
hereby amended by adding a new Article VIf that reads as follows:
"ARTICLE VII. ILLICIT SYNTHETIC DRUGS
See. 54-195. Definitions.
The following words, terms and phrases, whenever used in this article, shall have
the meanings set forth in this section, unless the context of their usage clearly indicates a
different meaning:
Herbal incense means aromatic plant material, whether referred to as
potpourri or otherwise, that is distributed in a loose, leafy, powder or granular
form or in a compressed block or blocks that can be crushed to result in a powder
or granular form, and can be placed into a pipe, cigarette paper, or other drug
paraphernalia for purposes of ingestion by smoking, inhaling or other method,
regardless of how the substance is labeled or marketed, including, but not limited
to,whether or not such product is labeled `as not for human consumption.'
Illicit synthetic drug means:
(1) Any vegetative material, or herbal or plant material, however
constituted, designed, intended, marketed, manufactured, or
engineered, that contains any quantity of a synthetic chemical or
synthetic chemical compound that has no legitimate relation to the
advertised use of the product.
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(2) Any vegetative material, or herbal or plant material, with
packaging or labeling that indicates, suggests, or implies that the
substance is a substitute for or otherwise mimics the
pharmacological effects of marihuana (`marijuana'), a controlled
substance, or a controlled substance analogue as defined by section
481.002 of the Texas Health and Safety Code.
(3) Any vegetative material, or herbal or plant material, offered for
sale or sold with verbal or written representations regarding the
purpose, methods, use, or effect of the substance that indicates,
suggests, or implies that the substance mimics the pharmacological
effects of marihuana (`marijuana'), a controlled substance, or a
controlled substance analogue as defined by section 481.002 of the
Texas Health and Safety Code.
Sec. 54-196. Prohibition of illicit synthetic drug.
It shall be unlawful for any person to possess, provide, sell, barter, produce,
manufacture, distribute, or to offer, display, market or advertise for sale, or purchase with
the intent to provide, sell barter, produce, manufacture, or distribute, or to offer, display,
market or advertise for sale any illicit synthetic drug.
Sec. 54-197. Failure to publicly display or label herbal incense.
(a) Herbal incense offered for sale to the public must be publicly displayed at
all times through actual or representative packaging.
(b) All herbal incense offered for sale to the public must include a label listing
each active ingredient.
Sec. 54-198. Penalty.
(a) Any violation of section 54-196 of this Code is a misdemeanor punishable
upon conviction by a fine not to exceed $2,000.00. Each separate package, container, or
other separate unit containing an illicit synthetic drug shall constitute a separate and
distinct offense.
(b) Any violation of section 54-197 of this Code is a misdemeanor punishable
upon conviction by a fine not to exceed $2,000.00. Each separate package, container, or
other separate unit containing any herbal incense shall constitute a separate and distinct
offense.
(c) Prosecution or conviction under this article is cumulative of and shall
never be a bar to any other civil or administrative remedy provided or allowed in this
article or by law.
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Sec. 54-199. Affirmative defenses.
(a) It is a defense to prosecution under the provisions of this article that the
person possessed the illicit synthetic drug under the lawful supervision of an authorized
law enforcement officer to enforce or ensure compliance with this article.
(b) It is a defense to prosecution that a violation of this article is expressly
permitted by state or federal law.
Sec. 54-200. Seizure.
Any product or substance possessed, provided, sold, bartered, produced,
manufactured, distributed, or offered, displayed, marketed or advertised for sale or
purchased with the intent to provide, sell, barter, produce, manufacture, or distribute, or
to offer, display, market or advertise for sale, in violation of any provision of this article,
may be seized by any peace officer. Such product or substance may be destroyed as
authorized by state law after its use for evidentiary purposes is no longer required."
Section 3. That, if any provision, section, subsection, sentence, clause, or phrase of
this Ordinance, or the application of same to any person or set of circumstances, is for any reason
held to be unconstitutional, void or invalid, the validity of the remaining portions of this
Ordinance or their application to other persons or sets of circumstances shall not be affected
thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof
or provision or regulation contained herein shall become inoperative or fail by reason of any
unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this
Ordinance are declared to be severable for that purpose.
Section 4. That there exists a public emergency requiring that this Ordinance be
passed finally on the date of its introduction as requested in writing by the Mayor; therefore, this
Ordinance shall be passed finally on such date and shall take effect immediately upon its passage
and approval of the Mayor.
PASSED AND APPROVED on first reading this 8th day of December, 2014.
PASSED, APPROVED AND ADOPTED on second and final reading this 5t° day of
January,2015.
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Kevin M. Holl d
Mayor
Attest:
Melinda Welsh, TRMC o U ®�a
City Secretary
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