HomeMy WebLinkAboutOrdinance - 2013-O0007 - Synthetic Marijuana - 02/14/2013First Read:
January, Ri, 2013
Item No. 6.7
ORDINANCE NO.2013-00007
Second Read:
February 14, 2013
Item No. 6.3
N ORDINANCE AMENDING CHAPTER 14 (OFFENSES AND ADDITIONAL
ROVISIONS) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
ERAS, WITH REGARD TO ADDING SECTION 14.01.009 RELATING TO ILLICIT
YNTHETIC DRUGS; TO PROHIBIT THE SALE, PUBLIC DISPLAY FOR SALE,
XTEMPTED SALE, GIFT, BARTER, DELIVERY, POSSESSION, OR USE OF
LICIT SYNTHETIC DRUGS AND MISBRANDED DRUGS INCLUDING "SPICE,"
YNTHETIC CANNABINOIDS, SYNTHETIC MARIHUANA, "BATH SALTS,"
YNTHETIC CATHINONES, SYNTHETIC STIMULANTS, OR OTHER
IISBRANDED DRUGS; PROVIDING FOR EXCEPTIONS; PROVIDING A
ENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR
UBLICATION.
WHEREAS, the City Council finds there are herbal and/or chemical mixtures that
being marketed and sold in the City of Lubbock which are designed and marketed to
iic the effects of illegal narcotics; and
WHEREAS, although often marked "not for human consumption," or being
labeled as otherwise innocuous products (i.e., plant food, incense, potpourri, bath salts,
iPod cleaner, etc.) these products are in fact designed, marketed to the buyer, and
intended to be used as products that act upon and affect the human body and its systems
to get the user "high" or achieve the narcotic effects of illegal narcotic drugs; and
WHEREAS, products containing illicit synthetic drugs and misbranded drugs are
available and are being marketed to young adults and children in the City of Lubbock in
small packages as alternatives to illegal narcotics, and further, the names and packaging
of these substances appear to be designed to appeal to children and young adults, to
mischaracterize their intended uses and purposes, and to minimize or conceal the inherent
danger of these products; and
WHEREAS, the City Council finds that illicit synthetic drugs and misbranded
drugs are distributed, labeled, and marketed in a way that poses dangerous consequences
to the consumer; and
WHEREAS, the City Council deems it to be in the best interests of the citizens
residents of the City of Lubbock to prohibit the sale, public display for sale,
ipted sale, gift, barter, delivery, possession, or use of illicit synthetic drugs and
sbranded drugs.
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 14.01.009 of the Lubbock Code of Ordinances is
hereby created to read as follows:
Section 14.01.009 Sale, public display for sale, attempted sale, gift, barter,
delivery, possession, or use of illicit synthetic drugs and misbranded drugs
(1) It shall be unlawful for any person, knowingly, to sell, publicly display for
sale, attempt to sell, give, barter, deliver, possess, or use the following
substances within the city limits of the City of Lubbock, Texas:
(a) Any substance listed as a controlled substance or a controlled
substance analogue as defined in Chapter 481 of the Texas Health
and Safety Code;
(b) Salvia divinorum or Salvinorum A; all parts of the plant presently
classified botanically as salvia divinorum, whether growing or not,
the seeds thereof, any extract from any part of such plant, and
every compound, manufacture, salts derivative, mixture, or
preparation of such plant, its seeds, or extracts;
(c) [(1 R, 2R, 5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-
7,7-dimethyl-4-bicyclo[3.1.1 ]kept-3-enyl]methanol, commonly
known as HU-308;
(d) (6aR, IOaR)-3-(1,1-Dimethylbutyl)-6a, 7, 10, lOa-tetrahydro-6, 6,
9-trimethyl-6H-dibenzo[b,d]pyran, commonly known as JWH-133;
(e) (—)-2p-Carbomethoxy-3p-(4-fluorophenyl)tropane, commonly
known as P-CFT, WIN-35, 428;
(f) (6aR, lOaR)-1-methoxy-6, 6, 9-trimethyl-3-(2-methyloctan-2-yl)-
6a, 7, 10, lOa-tetrahydrobenzo[c]chromene, commonly known as
L-759, 633;
(2) It shall be unlawful for any person, knowingly, to breathe, inhale, drink, or
otherwise ingest, any compound, liquid, or chemical listed within this
section, for the purpose of inducing a condition of intoxication,
stupefaction, giddiness, paralysis, irrational behavior, or which, in any
manner, changes, distorts, or disturbs the auditory, visual, or mental
process of the user.
(3) It is not a violation of this section if the person breathed, inhaled, drank, or
otherwise ingested the substance under the lawful supervision of an
authorized law enforcement officer to enforce or ensure compliance with
this section.
(4) It is not a violation of this section if the person who commits any act
described in this section commits the act pursuant to the lawful direction
or prescription of a licensed physician or dentist licensed by the State of
Texas to direct or prescribe such act.
(5) This section does not apply to the inhalation of a lawfully prescribed
anesthesia for a medical or dental purpose.
SECTION 2. THAT, unless otherwise provided herein, a violation of any
provision of this Ordinance shall be deemed a misdemeanor punishable as provided by
Section 1.01.004 of the Code of Ordinances of the City of Lubbock. Any person who
violates this article shall be guilty of a class C misdemeanor and be subject to a fine of up
to two thousand dollars ($2,000.00) upon conviction in municipal court.
SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
Lis an alternative method provided by law.
SECTION 5. THAT this Ordinance shall become effective, except as may
otherwise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this January 31. 2013 , 2013.
Passed by the City Council on second reading this February 144, 2013 , 2013.
GLF,D C. RO ERTSON, MAYOR
ATTEST:
Rcbkcca Garza. City Se etary
,U'PROVED AS TO CONTENT:
��K, n Gigon,
Mayor to Tem
District #5 Councilwoman
�1
(ctor Hernandez,
District#1 Councilman
Todd lein, � I U
Dist nc #3 Councilman l
AF OVED AS TO FORM:
Sam Medina, City AtKney
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