HomeMy WebLinkAboutOrdinance - 2014-O0055 - Amending Chapter 14 Code Of Ordinances - 04/24/2014First Reading
April 10, 2014
Item No. 6.9
ORDINANCE NO. 2014-0 0055
Second Reading
April 24, 2014
Item No. 6.12
AN ORDINANCE AMENDING CHAPTER 14 (OFFENSES AND ADDITIONAL
PROVISIONS) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, WITH REGARD TO AMENDING SECTION 14.01.010 RELATING TO
ILLICIT SYNTHETIC DRUGS; TO AMEND BY REMOVING CERTAIN
SUBSTANCES FROM THE LIST OF PROHIBITED SUBSTANCES; TO AMEND
PROVISIONS TO INCLUDE NEW CHEMICAL STRUCTURES FOUND IN ILLICIT
SYNTHETIC DRUG PRODUCTS INCLUDING "SPICE," SYNTHETIC
CANNABINOIDS, SYNTHETIC MARIHUANA, "BATH SALTS," SYNTHETIC
CATHINONES, SYNTHETIC STIMULANTS, OR OTHER MISBRANDED DRUGS;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE, AND
PROVIDING FOR PUBLICATION.
WHEREAS, on February 14, 2013, the City of Lubbock enacted an ordinance,
codified as Section 14.01.010 of the Code of Ordinances, City of Lubbock, Texas,
prohibiting the sale, public display for sale, attempted sale, gift, barter, delivery,
possession, or use of illicit synthetic drugs and misbranded drugs; and
WHEREAS, since the passage of the ordinance, new illicit synthetic drugs and
substances have been discovered; and
WHEREAS, since the passage of the ordinance, the state legislature of the State
of Texas has amended Chapter 481 of the Texas Health and Safety Code to add
additional prohibited substances; and
WHEREAS, since the passage of that ordinance, the Deputy Administrator of the
Drug Enforcement Administration (DEA) of the U.S. Department of Justice has issued a
notice of intent to temporarily place additional prohibited substances into Schedule I of
the Controlled Substances Act (CSA) pursuant to the temporary scheduling provisions of
the CSA; and
WHEREAS, the City Council deems it to be in the best interests of the citizens
and residents of the City of Lubbock to make the following amendments to Chapter 14
(Offenses and Additional Provisions) of the Code of Ordinances of the City of Lubbock
NOW THEREFORE,
SECTION 1. THAT, Section 14.01.010(a)(2) of the Code of Ordinances, City of
Lubbock, Texas, is hereby repealed.
SECTION 2. THAT, Section 14.01.010(a) of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended to read as follows:
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(a) 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:
(1) Any substance listed as a controlled substance or a controlled
substance analogue as defined in Chapter 481 of the Texas Health
and Safety Code;
(2) [(1R, 2R, 5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-
7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol, commonly
known as HU -308;
(3) (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;
(4) (—)-20-Carbomethoxy-30-(4-fluorophenyl)tropane, commonly
known as R-CFT, WIN -35, 428;
(5) (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;
(6) N -(1 -amino -3 -methyl- l -oxobutan-2-yl)-1-pentyl-1 H-indazole-3-
caboxamide, commonly known as AB-PINACA
(7) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-l-yl-lH-indazole-3-
carboxamide, commonly known as APINACA
(8) (2-iodophenyl)(1-pentyl-IH-indol-3-yl)-methanone, commonly
known as AM -679
(9) 1-[(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone,
commonly known as AM -694
(10) 1-[(5-fluoropentyl)-6-nitro-1H-indol-3-yl]-(naphthalen-l-
yl)methanone, commonly known as AM -1235
(11) (2-iodo-5-nitrophenyl)-[l-[(1-methylpiperidin-2-yl)methyl]indol-
3-yl]methanone, commonly known as AM -1241
(12) 3-(1-naphthalenylcarbonyl)-1 H -Indole- l-pentanenitrile, commonly
known as AM -2232
(13) (1-(5-fluoropentyl)-1H-indol-3-yl)(4-ethyl-l-naphthalenyl)-
methanone, commonly known as EMA-2201
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(14) 2 -phenyl- l -(1-pentylindol-3-yl)ethanone or 1 -(1 -pentyl -1 H-indol-
3-yl)-2-phenylethanone, commonly known as JWH-167
(15) (1-pentylindol-3-yl)naphthalen-1-ylmethane, commonly known as
JWH-175
(16) 1-[(E)-(3-pentyl-lH-inden-1-ylidene)methyl]-naphthalene,
commonly known as JWH-176
(17) 3 -[(4 -methyl- l-naphthalenyl)methyl]-1-pentyl-1 H -indole,
commonly known as JWH-184
(18) 3-[(4-methoxy-l-naphthalenyl)methyl]-1-pentyl-IH-indole,
commonly known as JWH-185
(19) 2-methyl-3-(1-naphthalenylmethyl)-1-pentyl-IH-indole,
commonly known as JWH-196
(20) 2 -methyl- l -pentyl-1 H-indol-3-yl-(4-methoxy- l-naphthyl)methane,
commonly known as JWH-197
(21) 1-[2-(4-morpholino)ethyl]-1 H-indol-3-yl-(4-methoxy- l -
naphthyl)methane, commonly known as JWH-199
(22) 1-pentyl-3-(2-chlorophenylacetyl)indole, commonly known as
JWH-203
(23) 1-pentyl-2-methyl-3-(phenylacetyl)indole, commonly known as
JWH-205
(24) 1-pentyl-3-(4-methylphenylacetyl)indole, commonly known as
JWH-208
(25) 1-pentyl-3-(3-methoxyphenylacetyl)indole, commonly known as
JWH-238
(26) 1-pentyl-3-(4-bromophenylacetyl)indole, commonly known as
JWH-248
(27) 1-pentyl-3-(2-bromophenylacetyl)indole, commonly known as
JWH-249
(28) 1-pentyl-3-(2-methoxyphenylacetyl)indole, commonly known as
JWH-250
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(29) 1-pentyl-3-(2-methylphenylacetyl)indole, commonly known as
JWH-251
(30) 1-pentyl-2-methyl-3-(2-methylphenylacetyl)indole, commonly
known as JWH-252
(31) 2-(3-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone, commonly
known as JWH-302
(32) 2-(3-Chlorophenyl)-1-(2-methyl-l-pentyl-IH-indol-3-yl)ethanone,
commonly known as JWH-303
(33) 2-(2-Bromophenyl)-1-(2-methyl-l-pentyl-IH-indol-3-yl)ethanone,
commonly known as JWH-305
(34) 2-(2-Methoxyphenyl)-1-(2-methyl- l -pentyl-1 H-indol-3-
yl)ethanone, commonly known as JWH-306
(35) 1-pentyl-3-(2-fluorophenylacetyl)indole, commonly known as
JWH-311
(36) 2-(3-Fluorophenyl)-1-(1-pentyl-lH-indol-3-yl)ethanone,
commonly known as JWH-312
(37) 2-(4-Fluorophenyl)-1-(1-pentyl-lH-indol-3-yl)ethanone,
commonly known as JWH-313
(38) 2-(2-fluorophenyl)-1-(2-methyl-l-pentylindol-3-yl)ethanone,
commonly known as JWH-314
(39) 2-(3-fluorophenyl)-1-(2-methyl-l-pentylindol-3-yl)ethanone,
commonly known as JWH-315
SECTION 3. 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 4. 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.
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SECTION 5. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
SECTION 6. 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 April 10 , 2014.
Passed by the City Council on second reading this April 24 '2014.
GLE . R6WRTSON, MAYOR
ATTEST:
Rebe ca -Garza, City Secretary
APPROV D AS TO CONTENT:
Mayor Pro Tem
District #5 Councilwoman
APPROVED AS TO FORM:
aura att, Assistant City Attorney
Synthetic Drug Ordinance 2014 Update FINAL
3.31.14
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