Agenda 01/08/2013 Item #17C1/8/2013 Item 17.C.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance establishing prohibitions to the possession, provision,
sale, or distribution of illicit synthetic drugs in Collier County.
OBJECTIVE: That the Board of County Commissioners (Board) adopts a local ordinance,
entitled the "Collier County Illicit Synthetic Drugs Ordinance," that would assist the Collier County
Sheriff's Office in its efforts to control the increasing use of illicit synthetic drugs.
CONSIDERATIONS: During the Board's regular meeting of October 23, 2012, while
considering the proposed Collier County 2013 State Legislative Priorities, the Board heard public
testimony as to the danger synthetic drugs are presenting to Collier County residents, and
particularly Collier County _young adults and school children. Following the conclusion of this
public testimony, the Board directed the County Attorney to return with a proposed ordinance for
the Board's consideration. This proposed ordinance, modeled after an ordinance just passed in
Pasco Count}, is intended to regulate "Synthetic Cannabinoids" and "Bath Salts."
At its December 11, 2012 regular meeting (Agenda Item 12 -A) the Board directed the County
Attorney to advertise the proposed ordinance for future consideration.
Throughout the nation, including Collier County, new herbal and /or chemical mixtures are
marketed and sold which are not controlled by federal or state law but which are designed and
marketed to mimic the effects of illegal narcotics. This proposed ordinance is a response to this,
and is first and foremost an effort to help curb an existing hazard to the public health and safety,
and attempt to remove what amounts to poison from our community.
The following discussion was derived from several sources, including the Legislative Analysis of
HB 1175, approved by the Governor on March 23, 2012, a copy of which is included as back -up to
this item.
Svnthetic Cannabinoids
Synthetic cannabinoids (also known as "K2" or "Spice ") are chemically engineered substances,
similar to the active ingredient in marijuana (THC), that when smoked or ingested can produce a
high similar to marijuana. These products are often marketed as "incense." Citing an imminent
hazard to the public safety, the DEA has placed a number of synthetic cannabinoids into Schedule I
(the class of substances that carry a high potential for abuse and have no currently accepted medical
use) of the Controlled Substances Act (CSA), 21 USC §— 81 et seq.).
Bath Salts
These products contain psychoactive chemicals that, when ingested, offer alternatives to illegal
drugs. These products are marketed under the guise of bath salts, insect repellant, or plant food.
Bath Salts are chemicals that are synthetic derivatives, of cathinones, a central nervous system
stimulant. These products are sold in powder, tablet, and capsule form, and are usually ingested by
sniffing /snorting but can also be taken orally, smoked, or put into a solution and injected. These
products can produce agitation, insomnia, irritability, dizziness, depression, paranoia, delusions,
suicidal thoughts, seizures, and panic attacks, and users have also reported effects such as impaired
perception of reality, reduced motor control, and decreased ability to think clearly. Cathinone
derivatives act as central nervous system stimulants causing rapid heart rate (which may lead to
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1/8/2013 Item 17.C.
heart attacks and strokes, chest pains, nosebleeds, sweating, nausea and vomiting). Drugs that have
similar effects include amphetamines, cocaine, Khat, LSD and MDMA. The DEA has placed a
number of chemicals used to make bath salts into Schedule I of the CSA, finding that an order
making possession or sale of these chemicals, or the products that contain them, was necessary to
prevent an imminent hazard to the public safety.
Despite being labeled "not fit for human consumption," synthetic cannabinoids and bath salts are
being sold for, and used as, recreational drugs. These products can be found in convenience stores,
tobacco outlets, gas stations and truck stops, amongst other locations. It appears that these products
are primarily being used by the youth population.
There is currently a cat and mouse game being played between Federal and State Legislators and
the manufacturers of these products. As specific chemicals are banned by legislation, new
chemicals are being formulated. During the 2011 session, the Florida Legislature passed HB 1039,
Chapter 2011 -90, Laws of Florida, which added synthetic stimulants to Schedule I of Florida's
controlled substance schedule. Following passage of HB 1039, however, chemists reconfigured the
particular synthetic stimulants made illegal by HB 1039, and marketed new products that were not
illegal under Florida law. During the 2012 session, the Legislature passed HB 1175, Chapter 2012-
23, Laws of Florida, which added dozens of additional synthetic stimulants to Schedule I of
Florida's controlled substance schedule. In response to this effort, chemists immediately
reconfigured the specific substances that were prohibited to produce "new" versions of these
synthetic drugs.
The proposed ordinance is patterned after a recently adopted Pasco County Ordinance and prohibits
the possession, sale, and distribution of illicit synthetic drugs and misbranded drugs. This
ordinance is not intended to duplicate or supplant the federal or state regulations concerning
synthetic drugs, or to supplant the state and federal labeling requirements for commodities, food
products, drugs, or dietary supplements, or to require different labeling requirements for those
products regulated by the FDA. This ordinance supplements local regulations to address those
substances that are not regulated by, or are not in compliance with, federal and state labeling and
packaging laws.
The ordinance will be enforced primarily by the Collier County Sheriff's Office through issuance of
citations, and products violating the ordinance will be confiscated to be used as evidence in judicial
proceedings. The proposed regulations are applicable in the unincorporated and incorporated areas
of Collier County. Enforcement within the municipalities will be by the law enforcement and /or
code officers with jurisdiction within the municipalities.
The Sheriff's Office has expressed the willingness to enforce the Ordinance, and the State Attorney,
has expressed the willingness both to prosecute and address expected legal challenges.
LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney, and
is legally sufficient. In this matter, by legally sufficient the County Attorney believes that there is a
good faith legal basis underlying the proposed ordinance, but advises the Board that this is a new
enforcement approach which has not been reviewed and ruled upon by the Courts; it could very
well be struck down. This item requires a majority vote for approval. — JAK
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FISCAL IMPACT: The cost to advertise the proposed ordinance was $269.70.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance
prohibiting the possession, provision, sale, or distribution of illicit synthetic drugs in Collier
County.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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1/8/2013 Item 17.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C.
Item Summary: Recommendation to adopt an ordinance establishing prohibitions to the
possession, provision, sale, or distribution of illicit synthetic drugs in Collier County.
Meeting Date: 1/8/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
12/20/2012 8:25:25 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 12/20/2012 9:15:33 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 12/20/2012 9:22:35 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 12/26/2012 10:08:01 AM
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1/8/2013 Item 17.C.
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA, ESTABLISHING PROHIBITIONS TO
THE POSSESSION, PROVISION, SALE, OR DISTRIBUTION OF ILLICIT
SYNTHETIC DRUGS IN COLLIER COUNTY BY PROVIDING FOR
SECTION ONE: AUTHORITY; SECTION TWO: LEGISLATIVE
FINDINGS OF FACT; SECTION THREE: TITLE AND CITATION;
SECTION FOUR: DEFINITIONS; SECTION FIVE: POSSESSION,
PROVISION, SALE OR DISTRIBUTION OF SYNTHETIC DRUGS
PROHIBITED; SECTION SIX: SALE OF CERTAIN PRODUCTS FOR
HUMAN CONSUMPTION PROHIBITED; SECTION SEVEN:
ENFORCEMENT; SECTION EIGHT: VIOLATIONS AND PENALTIES;
SECTION NINE: CONFLICT AND SEVERABILITY; SECTION TEN:
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
SECTION ELEVEN: EFFECTIVE DATE.
WHEREAS, new herbal and/or chemical mixtures are being marketed and sold in
Collier County which are not necessarily controlled by federal or state law but which are
designed and marketed to mimic the effects of illegal narcotics; and
WHEREAS, Synthetic cannabinoids (also known as "K2" or "Spice ") are
chemically engineered substances, similar to the active ingredient in marijuana (THC), that
when smoked or ingested can produce a high similar to marijuana. These products are
often marketed as "incense." Citing an imminent hazard to the public safety, the DEA has
placed a number of synthetic cannabinoids into Schedule I (the class of substances that
carry a high potential for abuse and have no currently accepted medical use) of the
Controlled Substances Act (CSA), 21 USC §— 81 et seq.); and
WHEREAS, "Bath Salts" are products which contain psychoactive chemicals that,
when ingested, offer alternatives to illegal drugs. These products are marketed under the
guise of bath salts, insect repellant, or plant food. Bath Salts are chemicals that are
synthetic derivatives, of cathinones, a central nervous system stimulant. These products
are sold in powder, tablet, and capsule form, and are usually ingested by sniffing/snorting
but can also be taken orally, smoked, or put into a solution and injected. These products
can produce agitation, insomnia, irritability, dizziness, depression, paranoia, delusions,
suicidal thoughts, seizures, and panic attacks, and users have also reported effects such as
impaired perception of reality, reduced motor control, and decreased ability to think
clearly. Cathinone derivatives act as central nervous system stimulants causing rapid
I
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1/8/2013 Item 17.C.
heart rate (which may lead to heart attacks and strokes, chest pains, nosebleeds, sweating,
nausea and vomiting). Drugs that have similar effects include amphetamines, cocaine,
Khat, LSD and MDMA. The DEA has placed a number of chemicals used to make bath
salts into Schedule I of the CSA, finding that an order making possession or sale of these
chemicals, or the products that contain them, was necessary to prevent an imminent hazard
to the public safety; and
WHEREAS, during the 2011 session, the Florida Legislature passed HB 1039,
Chapter 2011 -90, Laws of Florida, which added synthetic stimulants to Schedule I of
Florida's controlled substance schedule. Following passage of HB 1039, chemists
reconfigured the particular synthetic stimulants made illegal by HB 1039, and marketed
new products that were not illegal under Florida law. During the 2012 session, the
Legislature passed HB 1175, Chapter 2012 -23, Laws of Florida, which added dozens of
additional synthetic stimulants to Schedule I of Florida's controlled substance schedule;
and
WHEREAS, in response to the efforts by federal and state legislators to outlaw the
chemicals in synthetic cannabinoids and synthetic cathinones, chemists immediately
reconfigured the specific substances that were prohibited to produce "new" versions of
these synthetic drugs. This was accomplished by altering the molecular architecture of
the chemicals used in the products to produce a series of different compounds which are
closely structurally related to the prohibited substances, but which are not listed in
Schedule I of the state or federal controlled substance laws; and
WHEREAS, manufacturers and distributors of these products have not obtained
FDA approval products as a food product, drug, dietary supplement, or other approved
substance. Consumers suffering a reaction to or injury from these products have little
chance of obtaining information concerning the contents of the product, as the identity and
locations of the manufacturers are unknown; and
WHEREAS, although often marked "not for human consumption," or being labeled
as otherwise innocuous products (i.e., plant food, incense, potpourri, iPod cleaner, etc.),
these products are in fact designed and marketed to the buyer as products that act upon and
effect the human body and its systems as a legal method to get high or achieve the effects of
illicit drugs. As products intended to act upon the human body, these products are
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1/8/2013 Item 17.C.
required by Florida state regulations (Chapter 499, Florida Statutes) to carry adequate
directions for use and adequate warnings on their labels; instead, these products most often
carry no warnings or directions at all, or are labeled with sham or misleading directions in
an attempt to avoid application of the regulations applicable to drug branding and labeling;
and
WHEREAS, products containing synthetic stimulants are available and being
marketed to young adults and children in Collier County by their availability in small
packages at convenience stores and other locations. Further, the names and packaging of
these substances appear to be designed to appeal to children and young adults, and
increased usage among high school youths is a concern for both law enforcement and the
medical community. The University of Michigan Institute for Social Research in
"Monitoring the Future, National Results on Adolescent Drug Use, Overview of Key
Findings 2011" found that 11.4% of high school seniors indicated use of synthetic
marijuana; and
WHEREAS, the Board of County Commissioners (Board) finds that illicit synthetic
drugs are distributed, labeled, and marketed in a way that poses dangerous consequences to
the consumer; and
WHEREAS, the Board deems it to be in the best interests of the citizens and
residents to prohibit the possession, sale, and distribution of illicit synthetic drugs and
misbranded drugs; and
WHEREAS, laws offering additional protections and/or duplicating state and
federal regulations concerning misbranded drugs and mislabeled commodities are not
preempted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Authority.
This Ordinance is enacted pursuant to Chapter 125, Florida Statutes (2011), and
under the home rule powers of Collier County, and in accordance with the proscriptions on
local regulation imposed by the Fair Packaging and Labeling Act, 15 U.S.0 § 1461.
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SECTION TWO. Legislative Findings of Fact.
The foregoing WHEREAS clauses are hereby adopted as legislative findings of the
Board of County Commissioners and are ratified and confirmed as being true and correct
and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION THREE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Illicit
Synthetic Drugs Ordinance."
SECTION FOUR: Definitions.
For purposes of this division, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
"Spice/synthetic cannabinoids/synthetic marijuana" shall mean any aromatic plant
material in granular, loose leaf or powder form, or in liquid or as a food additive, or any
herbal- incense -type stimulant or hallucinogen product, when the label is in any way false
or misleading, or which does not contain a label specifying (1) the identity of the
commodity and (2) the name and place of business of the manufacturer, packer, or
distributor. Street names for these products include, but are not limited to: Bliss, Black
Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2. K3, Smoke, Pot- Pourri,
Buzz. Spice 99. Voodoo. Pulse, Hush, Mystery, Earthquake. Stinger, Ocean Blue,
Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy. Mr. Happy, K3
Legal, Sence, Smoke, Chill X, Earth Impact. Galaxy Gold, Space Truckin, Solar Flare.
Moon Rocks, Aroma, Scope. Sky High, Atomic, G -20. Guerrilla Warfare, Makes Scents,
g -13, Tiger Shark, California Dreams, Dank, Bullet, Mind Trip, Voodoo Child, Jazz,
Niqhtlights, Matrix, Hypnotip, AK47, Maui Wowie, Cloud 9. Daylights, Joker, Dead Man
Walking. Brain Storm, Soul Sence, Kush, Kush Mania, Dragons Fire. Lucid. Mad Hatter,
Scooby Snax, D -ZL, OMG, Demon, Barely In, Pineapple Express, Hayze.
"Bath Salts/synthetic cathinones /synthetic stimulants" shall mean any crystalline or
powder product in crystalline, loose - powder, block. tablet, or capsule form, or any
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1/8/2013 Item 17.C.
stimulant -type product, when the label is in any way false or misleading, or which does not
contain a label specifying (1) the identity of the commodity, and (2) the name and place of
business of the manufacturer, packer, or distributor. Street names for these products
include, but are not limited to: Bliss, Blue Silk, Cloud Nine, Drone, Energy -I, Ivory Wave,
Lunar Wave. Meow Meow, Ocean Burst, Pure Ivory, Purple Wave. Red Dove. Snow
Leopard, Stardust, Vanilla Sky, White Dove, White Knight. White Lightening, Blizzard,
Bonzai Grow. Charge Plus. Charlie, Euphoria. Hurricane, Lunar Wave, Ocean, Pixie Dust.
Posh, Scarface, Lovely Dovey, Aura, MDPV, MDPK. MTV, Maddie. Hurricane Charlie,
Black Rob, Super Coke, PV, Peeve, Meph, Drone. MCAT.
"Drug" shall mean an article that is intended to affect the function of the body of humans.
"Misbranded drug" means a drug that violates Section 499.007, Florida Statutes,
including but not limited to drugs for which (1) the label is in any way false or misleading:
(2) the label does not bear the name and place of business of the manufacturer, repackager,
or distributor of the finished form of the drug; (3) the label does not bear adequate
directions for use: or (4) the label does not bear adequate warnings against use.
"Illicit synthetic drugs" shall include spice, synthetic cannabinoids, synthetic mariivana,
bath salts, synthetic cathinones, synthetic stimulants, or misbranded drugs.
SECTION FIVE: Possession, Provision, Sale or Distribution of Synthetic Drugs
Prohibited.
It is unlawful for any person to possess, provide, sell or distribute, within the
incorporated or unincorporated area of Collier County, any illicit synthetic drug as defined
in this Ordinance.
(1) Factors That May Be Disregarded and /or Considered in Determining
Violation. In determining whether a product or sale is prohibited by this Ordinance,
statements on package labeling such as "not for human consumption" may be disregarded
when other relevant factors (viewed alone or in totality) indicate that the product is
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1/8/2013 Item 17.C.
intended to be consumed or ingested by humans, or is a product regulated by this
Ordinance. Other relevant factors that may be used to determine whether a product or sale
is prohibited by this Ordinance include, but are not limited to, verbal or written
representations at the point of sale regarding the purpose, methods, use, or effect of the
product: aspects of the packaging or labeling suggest the user will achieve a "high,"
euphoria, relaxation, mood enhancement, or that the product has other effects on the body;
the cost of the product is disproportionately higher than other products marketed for the
same use; the product contains a warning label stating or suggesting that the product is in
compliance with state laws regulating controlled substances; the product's name or
packaging uses images or slang referencing an illicit street drug: illicit or underground
methods of sale or delivery are employed by the seller or provider: the product resembles
an illicit street drug such as cocaine, methamphetamine, or marijuana.
(2) Exemptions. The provisions of this section do not apply to any product that is
specifically excepted by, or regulated within, the Florida Comprehensive Drug Abuse
Prevention and Control Act (Ch. 893, FIa. Stat.) or the Federal Controlled Substances Act
(21 USC — 81 et seg.); is a food product, drug, dietary supplement, cosmetic, or other
substance regulated by the Food and Drug Administration (FDA) and in compliance with
that agency's requirements; is regulated by and in compliance with the labeling
requirements of the Federal Trade Commission; is regulated by and in compliance with the
Federal Fair Packaging and Labeling Act; is regulated by and in compliance with the
Federal Food, Drug, and Cosmetic Act:, is regulated by and in compliance with the
regulations of the Florida Department of Agriculture and Consumer Services: or is a
tobacco product regulated by and in compliance with the regulations governing the tobacco
industry enforced by the Florida Department of Business and Professional Regulation,
Division of Alcoholic Beverages and Tobacco. For the purposes of this section, products
that are not subject to regulation by the act or agencies listed above are not exempt unless
the product is specifically exempt from regulation; mere "non- regulation" by these acts
without a specific regulatory exemption will not render a product exempt under this
section.
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SECTION SIX: Sale of Certain Products for Human Consumption Prohibited.
It is unlawful for any person to provide or sell a product for human consumption
when the product is labeled "not for human consumption" or contains similar warnings.
SECTION SEVEN: Enforcement,
This Ordinance shall be enforced by the Office of the Collier County Sheriff and /or
the appropriate law enforcement official within Collier County having jurisdiction as it
pertains to the location of the secondhand store.
SECTION EIGHT: Violations and Penalties.
All violations of this Ordinance may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No. 2010 -04, as amended) and per
provisions of Parts I or II of Chapter 162, Florida Statutes, as may be applicable. A law
enforcement official or code enforcement officer is specifically authorized to issue a
citation for each violation. Each day of any such violation shall constitute a separate and
distinct offense. Further, each failure to properly document transaction information shall
constitute a separate and distinct offense.
The County may also enforce this Ordinance by action in equity, including
injunctive or declaratory relief, in the appropriate court of competent jurisdiction.
Any person who knowingly violates any provision of this Ordinance, including
refusal to allow a law enforcement official to make an inspection under this Ordinance,
shall also be punished in the same manner as a misdemeanor as provided by general law.
SECTION NINE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
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1/8/2013 Item 17.C.
SECTION TEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION ELEVEN: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this day of , 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
Le-A
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
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BILL #: CS/1-113 1039
SPONSOR: Rep. Patronis
COMPANION BILLS: CS /SB 1886
1/8/2013 Item 17.C.
FINAL BILL ANALYSIS
FINAL HOUSE FLOOR ACTION:
116 Y's 0 N's
GOVERNOR'S ACTION: Approved
SUMMARY ANALYSIS
CS/1-113 1039 passed the House on April 29, 2011, and subsequently passed the Senate on May 3,
2011. The bill was approved by the Governor on May 31, 2011, chapter 2011 -90, Laws of Florida, and
becomes effective July 1, 2011.
3,4- Methylenedioxymethcathin one, 3,4- Methylenedioxypyrovalerone (MDPV), Methylmethcathinone,
Methoxymethcathinone, Fluoromethcathinone, and Methylethcathinone, are psychoactive substances
that, when used improperly, offer alternatives to illegal drugs. Much like the marketing of Synthetic
Cannabinoids (Spice /K2) as incense, these substances are commercially available and are being
marketed as "bath salts
Chapter 893, F.S., sets forth the Florida Comprehensive Drug Abuse Prevention and Control Act and
classifies controlled substances into five categories, known as schedules. These schedules are used
to regulate the manufacture, distribution, preparation and dispensing of the substances. Currently,
Florida Statutes do not regulate the sale, purchase, possession, or manufacture of bath salts.
CS/1-18 1039 amends s. 893.03, F.S., to add the following substances to Schedule I of Florida's
controlled substance schedules:
• 3,4- Methylenedioxymethcathi none.
• 3,4- Methylenedioxypyrovalerone (MDPV).
• Methylmethcathinone.
• Methoxymethcathi none.
• Fluoromethcathinone.
• Methylethcathinone.
As a result, anyone in possession of these substances will be guilty of a third degree felony in
conformity with other Schedule I hallucinogens such as LSD and peyote. This offense will be ranked in
Level 3 of the offense severity ranking chart. The offense of sale, manufacture or delivery or
possession with intent to sell, manufacture or deliver these substances will be a third degree felony and
will be ranked in Level 3 of the offense severity ranking chart. The purchase of these substances will be
a third degree felony and will be ranked in Level 2 of the offense severity ranking chart.
The Criminal Justice Impact Conference met April 4, 2011 and determined the bill will have an
insignificant impact on state prison beds.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
Page ( 1
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
1/8/2013 Item 17.C.
Bath Salts
3 ,4- Methylenedioxymethcathinone, 3,4- Methylenedioxypyrovalerone (MDPV),
Methylmethcathinone, Methoxymethcathinone, Fluoromethcathinone, and Methylethcathinone,
are psychoactive substances that, when used improperly, offer alternatives to illegal drugs.'
Much like the marketing of Synthetic Cannabinoids (Spice /K2) as incense, these substances
are commercially available and are being marketed as "bath salts ".Z While bath salts are
comprised of the different unregulated chemical substances listed above, MDPV appears to be
the substance most commonly referred to as bath salts.3
MDVP
MDVP is a central nervous system stimulant which was first seized in Germany in 2007.4
MDPV is structurally related to cathinone, an active alkaloid found in the khat plant,5
methamphetamines, and methylenedioxymethamphetamine,' and has not been approved for
medical use in the United States.8
Bath salts are known by a variety of names, including "Red Dove," Silk," "Zoom," "Bloom,"
Cloud Nine, "Ocean Snow, Lunar Wave, " 'Vanilla Sky, " " Ivory Wave, White Lightning,
"Scarface" "Purple Wave," "Blizzard," "Star Dust," "Lovey, Dovey," "Snow Leopard," "Aura," and
"Hurricane Charlie." While they have become popular under the guise of being sold as bath
salts, they are sometimes sold as other products such as insect repellant, or plant food with
names like "Bonsai Grow" among others.9
Substance Abuse
In recent years, the abuse of bath salts has been increasing. Law enforcement and medical
professionals have indicated that bath salts are becoming increasingly popular due to the
1 Florida Fusion Center, Unit Reporting: Office of Statewide Intelligence. "Bath Salts" Receive Emergency Drug Scheduling.
Brief # 10 -194 Public, January 26, 2011.
(htm: / /www.fdle. state. fl.us /Content/BathSalts /FDLEBriefl0 194BathSaltsPublic pdf) (last accessed March 19, 2011),
2 Hunterdon Drug Awareness Program, Comprehensive Drug Information on MDPV, Mephedrone ('Bath Salts ").
(h=: / /www.hdan.org/mdyv.html) (last accessed March 19, 2011).
3 Id
4 Methylenedioxypyrovalerone (MDPV). Drug Enforcement Administration. March 2011.
( httn : / /www.deadiversion.usdoi.Lov /drugs concern/mdpv ndf) (last accessed March 19, 2011).
5 "Khat" is a stimulant drug derived from a shrub that is native to East Africa and southern Arabia. The leaves of this plant
contain the alkaloids cathine and cathinone, and are chewed for the stimulant effects. U.S. Drug Enforcement Administration.
KHAT AKA: Catha Edulis. (http://www.iustice.gov/dea/Rubs/pressrel/pr072606a.htm]) (last accessed March 19, 2011).
6 , Methamphetamine" is a central nervous system stimulant drug that is similar in structure to amphetamine. National
Institutes of Health. NIDA InfoFacts: Methamphetamine. March 2010.
(hgp://www.nida.nih.gov/infofacts/methamRhetamine.htmi) (last accessed March 19, 2011).
7 "Methylenedioxymethamphetamine" (MDMA) is a synthetic, psychoactive drug that is chemically similar to the stimulant
methamphetamine and the hallucinogen mescaline. National Institutes of Health. NIDA InfoFacts.• MDMA (Ecstasy).
December 2010. (http: / /www.drup-abuse.pov /lnfofacts /ecstasy.html) (last accessed March 19, 2011).
s Methylenedioxypyrovalerone (MDPV). Drug Enforcement Administration, March 2011.
(http://www.deadiversion.usdoi.gov/druizs—concern/mdpv.pdf) (last accessed March 19, 2011).
9 Id
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perception that they pose a seemingly safer alternative to illegal methods of getting "high" and
can easily be obtained.10
While the abuse of the substance MDPV has increased, particularly in Europe and Australia, in
recent years, it has also begun to be increasingly used as a recreational drug in the U.S." User
population information in the U.S. is very limited; however, there have been reports of MDVP
being used predominantly by the youth population. 12 The Drug Enforcement Administration's
(DEA) National Forensic Laboratory Information System indicates that state and local law
enforcement officials encountered MDPV in 2009 and 2010 in Iowa, Kansas, Kentucky,
Minnesota, North Dakota, Oklahoma, Texas, and Wisconsin. 13
Bath salts are readily available at convenience stores, discount tobacco outlets, gas stations,
pawnshops, tattoo parlors, and truck stops, among other locations. 14 Bath salts are sold in
50mg to 500mg packets that usually contain a disclaimer, such as "not for human
consumption. "15 The costs of these substances range from $25 - $50 per 50mg packet. Bath
salts are abused typically by injection, smoking, snorting, and less often, by the use of an
atomizer. 16 Some abusers describe the effects as similar to methamphetamine, ecstasy, and
cocaine, and have referred to the substance as "complete crank" and "fake cocaine. ""
Reports of the side effects of MDPV include tachycardia, hypertension, vasoconstriction, and
sweating." However, higher doses of MDPV have caused intense, prolonged panic attacks in
stimulant- intolerant users.19 The duration of the subjective effects is about 3 to 4 hours and the
side effects continuing a total of 6 to 8 hours after administration.20
There have been numerous calls to poison control centers throughout the U.S. concerning the
abuse of bath salts. Poison control centers in Florida have reported 61 calls of bath salts abuse,
making the state the second - highest in call volume after Louisiana .21 Most of Florida's cases
have come from Central and Northern Florida, but disoriented users have also arrived in
Broward County hospitals with high blood pressure and hallucinations, according to Nabil El
Sanadi, Chief of Emergency Medicine at Broward Health.22 According to Panama City Beach
10 Florida Fusion Center, Unit Reporting: Office of Statewide Intelligence. "Bath Salts" Receive Emergency Drug
Scheduling. Brief # 10 -194 Public, January 26, 2011.
(htto: / /www.fdle. state. fl. us /Content/BathSalts /FDLEBriefl0 194BathSaltsPublic odf) (last accessed March 19, 2011).
" Methylenedioxypyrovalerone (MDPV). Drug Enforcement Administration. March 2011.
(http: / /www.deadiversion usdoi a ov /drugs concern/mdpv Ddf) (last accessed March 19, 2011).
Id.
13 Id.
14 National Drug Intelligence Center. U.S. Department of Justice. DRUG WATCH: Increasing abuse of bath salts. December
2010.
15 Id.
16 Id,
17 Id.
is Methylenedioxypyrovalerone (MDPV). Drug Enforcement Administration. March 2011.
(hM2://www.deadiversion.usdoi.Lyov/drues concern /mdpv Ddf) (last accessed March 19, 2011).
19 Id
20 Id.
21 Alexia Campbell and Aaron Deslatte, Sun Sentinel, Florida bans 'bath salt' drugs after violent outbursts. January 27, 2011.
( httn: / /articles.sun- sentinel.com /2011 -01 -27 /news /fl -bath -salts florida 20110126 1 salts-fake-cocaine-bath (last accessed
March 19, 2011).
22 Id.
Page ( 3
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1/8/2013 Item 17.C.
police, one of the most shocking cases of bath salts abuse involved a woman who burst into her
71- year -old mother's room swinging a machete.23
Drug Schedules
Chapter 893, F.S., sets forth the Florida Comprehensive Drug Abuse Prevention and Control
Act and classifies controlled substances into five categories, known as schedules. These
schedules are used to regulate the manufacture, distribution, preparation and dispensing of the
substances.
The distinguishing factors between the different drug schedules are the "potential for abusei24 of
the substance contained therein and whether there is a currently accepted medical use for the
substance. Schedule I substances have a high potential for abuse and have no currently
accepted medical use in the United States.25 Cannabis and heroin are examples of Schedule I
drugs.
Florida law
Currently, Florida Statutes do not regulate the sale, purchase, possession, or manufacture of
bath salts. However, current law authorizes the Attorney General, by means of an emergency
rule '26 to schedule a substance on a temporary basis if it is found that scheduling the substance
is necessary to avoid an imminent hazard to the public safety.27
On January 26, 2011, Attorney General Pam Bondi, issued an emergency rule to add bath salts
to Schedule I of Florida's controlled substance schedules .28 Attorney General Bondi stated that
"due to the violent nature of the side effects involved in taking these drugs, the emergency rule
will provide law enforcement with the tools necessary to take this dangerous substance off the
shelves and protect the abusers from themselves as well as others. These are dangerous drugs
that should not be confused with any type of common bath product. "29
Other State Actions
Several states, including Hawaii, Michigan, Louisiana, Kentucky, and North Dakota, have
introduced legislation to ban bath salts. In addition, several counties, cities, and local
municipalities have also taken action to ban bath salts.so
Federal Actions
Currently, bath salts are not scheduled drugs under the Federal Controlled Substances Act.31
However, the DEA has MDPV and Mephedrone listed as drugs and chemicals of concern.32
23 Id.
24 See s. 893.02(19), F.S.
21 See s. 893.03, F.S.
26 Section 120,54, F.S.
27 Section 893.035(7), F.S.
28 Office of the Attorney General of Florida Pam Bondi, New Release: Attorney General Bondi Files Emergency Rule
Banning the Dangerous Synthetic Drug Marketed as "Bath Salts" January 26, 2011.
(http: / /www.myfloridalegal.com /newsrel.nsf /newsreleases /81 CC463863D88DC4852578240077FD45) (last accessed March
19, 2011).
29 Id
30 Nora D. Volkow, M.D., National Institute of Drug Abuse, Message from the Director on "Bath Salts" - Emerging and
Dangerous Products. (h=: / /www.nida.nih.gov/ about / welcome /MessaaeBathSaits2l l html) (last accessed March 19, 2011).
31 Methylenedioxypyrovalerone (MDPV). Drug Enforcement Administration. March 2011.
(hllp: / /www .deadiversion.usdoi.gov /drues concern /mdov pdfj (last accessed March 19, 2011).
Page 14
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1/8/2013 Item 17.C.
On February 1, 2011, Gil Kerlikowske, Director of National Drug Control Policy, released the
following statement following recent reports indicating the emerging threat of synthetic
stimulants, including MDPV and mephedrone:
"I am deeply concemed about the distribution, sale, and use of synthetic
stimulants — especially those that are marketed as legal substances. Although we
lack sufficient data to understand exactly how prevalent the use of these
stimulants are, we know they pose a serious threat to the health and well -being of
young people and anyone who may use them. At a time when drug use in
America is increasing, the marketing and sale of these poisons as "bath salts" is
both unacceptable and dangerous. As public health officials work to address this
emerging threat, 1 ask that parents and other adult influencers act immediately to
discuss with young people the severe harm that can be caused by the use of both
legal and illegal drugs and to prevent drug use before it starts. 03
Effect of Bill
CS /HB 1039 amends s. 893.03, F.S., to add the following substances to Schedule I of Florida's
controlled substance schedules:
• 3 ,4- Methylenedioxymethcathinone.
• 3,4- Methylenedioxypyrovalerone (MDPV).
• Methylmethcathinone.
• Methoxymethcathinone.
• Fluoromethcathi none.
• Methylethcathinone.
As a result, anyone in possession of these substances will be guilty of a third degree felony3' in
conformity with other Schedule I hallucinogens such as LSD and peyote. This offense will be
ranked in Level 3 of the offense severity ranking chart. The offense of sale, manufacture or
delivery or possession with intent to sell, manufacture or deliver these substances will be a third
degree felony and will be ranked in Level 3 of the offense severity ranking chart.35 The purchase
of these substances will be a third degree felony and will be ranked in Level 2 of the offense
severity ranking chart.ss
The bill also reenacts ss. 893.13(1), (2), (4), and (5), 893.135(1)(1), and 921.0022(3)(b), (c), and
(e), F.S., to incorporate changes made by the bill.
32U S. Department of Justice drug Administration. Drugs and Chemicals of Concern.
htti)://www.deadiversion.usdoi.gov/drugs concern/index html) (last accessed March 19, 2011),
33 Office of National Drug Control Policy, Press Release: Statement from White House Drug Policy Director on Synthetic
Stimulants, a.k.a "Bath Salts ". February 1, 2011. (http: / /www.whitehousedrugpolicy gov /news /press] ]102011 I html ) (last
accessed March 19, 2011).
34 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Sections 775.082 and 775.083, F.S.
35 Sections 893.13(1)(a)2., and 921.0022, F.S. Section 893.13, F.S. provides for enhanced penalties if the sale occurs within
close proximity to certain locations such as a church or school.
36 Section 893.13(2)(a)2., F.S.
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1/8/2013 Item 17.C.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The Criminal Justice Impact Conference met April 4, 2011 and determined the bill will have
an insignificant impact on state prison beds.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
This bill would make it illegal to sell bath salts which are currently sold over the Internet and in
tobacco and smoke shops, drug paraphernalia shops, and convenience stores. Therefore, the
bill could have a negative fiscal impact on such entities.
D. FISCAL COMMENTS:
None.
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Page 16
HOUSE OF REPRESENTATIVES
FINAL BILL ANALYSIS
BILL #: CS /CS /HB 1175 (CS /CS /SB 1502)
SPONSOR(S): Judiciary Committee; Criminal
Justice Subcommittee; Ingram
and others (Health Regulation;
Criminal Justice and Evers)
COMPANION CS /CS /SB 1502
BILLS:
1/8/2013 Item 17.C.
FINAL HOUSE FLOOR ACTION:
116 Y's 0 N's
GOVERNOR'S ACTION: Approved
SUMMARY ANALYSIS
CS /CS /HB 1175 passed the House on February 22, 2012. The bill was amended by the Senate on March 7,
2012, and subsequently passed the House on March 7, 2012.
The bill amends s. 893.03, F.S., to add synthetic cannabinoid and bath salt substances to Schedule I of
Florida's controlled substance schedules. As a result, possession of these substances is a third degree felony
ranked in Level 3 of the ranking chart. However, possession of 3 grams or less of synthetic cannabinoids is a
first degree misdemeanor, unless the synthetic cannabinoid is in powdered form. The offense of sale,
manufacture or delivery or possession with intent to sell, manufacture or deliver synthetic cannabinoid and
bath salt substances is a third degree felony ranked in Level 3 of the ranking chart. The purchase of these
substances is a third degree felony ranked in Level 2 of the ranking chart.
According to FDLE, this bill could - potentially increase the number of evidence submissions into FDLE's Crime
Laboratory System. The lab system will need to acquire all of the required standards necessary to test the
proposed chemical substances. However, FDLE's fiscal analysis stated that no new expenditures would be
required to implement the bill.
The Criminal Justice Impact Conference met on January 17, 2012, and determined the bill will have an
insignificant impact on state prison beds.
The bill was approved by the Governor on March 23, 2012, ch. 2012 -23, Laws of Florida. The effective date of
the bill is upon becoming a law.
This document does not reflect the Intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1175z1.CRJS.DOCX
DATE: March 26, 2012
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
1/8/2013 Item 17.C.
Background
Synthetic Cannabinoids
Synthetic cannabinoids (also known as "K2" or "Spice ") are chemically engineered substances, similar
to tetrahydrocannabinol (THC) —the active ingredient in marijuana that, when smoked or ingested,
can produce a high similar to marijuana.' Synthetic cannabinoids have been developed over the last 30
years for research purposes to investigate the cannabinoid system. No legitimate non - research uses
have been identified for synthetic cannabinoids and they have not been approved by the U.S. Food and
Drug Administration for human consumption.2
Bath Salts
3 ,4- Methylenedioxymethcathinone, 3,4- Methylenedioxypyrovalerone (MDPV), Methylmethcathinone,
Methoxymethcathinone, Fluoromethcathinone, and Methylethcathinone, are psychoactive substances
that, when used improperly, offer alternatives to illegal drugs.3 Much like the marketing of synthetic
cannabinoids as incense, these synthetic stimulant substances are commercially available and are
being marketed as "bath salts.s4 While these substances have become popular under the guise of
being sold as bath salts, they are sometimes sold as other products such as insect repellant or plant
food, with names like "Bonsai Grow," among others.5
Substance Abuse
Despite being labeled "not for human consumption," synthetic cannabinoids and bath salts have begun
being used as recreational drugs and have been marketed as legal and safer alternatives to illegal
methods of getting "high." 6 They have been found accessible at convenience stores, discount tobacco
outlets, gas stations, pawnshops, tattoo parlors, and truck stops, amongst other locations.' These
substances are reportedly being used predominately by the youth population.e
Synthetic cannabinoids and bath salts are abused typically by smoking. However, bath salts have also
been abused by injection, snorting and by the use of an atomizer.9 Reports of side effects from
synthetic cannabinoids and bath salts include: tachycardia, hypertension, anxiety, high blood pressure,
' National Conference of State Legislatures, "Synthetic Drug Threats." October 24, 2011 (http: / /www.ncsl.org/ ?tabid= 21398) (last
visited on January 12, 2012).
Z "Schedules of Controlled Substances: Temporary Placement of Five Synthetic Cannabinoids Into Schedule I," Federal Register, The
Daily Journal of the United States Government, November 24, 2010 (http: / /www.federairegister.gov /articles /2010/11/24/2010-
29600 /schedules -of- controlled- substances- temporary- placement -of -five- synthetic - cannabinoids- into - schedule) (last visited on
January 12, 2012).
3 Id
` "Bath salts" are known by a variety of names, including "Red Dove," "Blue Silk," "Zoom," "Bloom," "Cloud Nine," "Ocean Snow,"
"Lunar Wave," "Vanilla Sky," "Ivory Wave," "White Lightning," "Scarface" "Purple Wave," `Blizzard," "Star Dust," " Lovey,
Dovey," "Snow Leopard," "Aura," and "Hurricane Charlie" Hunterdon Drug Awareness Program, Comprehensive Drug Information
on MDPV, Mephedrone ( "Bath Salts "). (http: / /www.hdap.org/mdpv.htmi) (last visited on January 12, 2012).
5 Drug Enforcement Administration. Methylenedioxypyrovalerone (MDPV). October, 2011.
(http: / /www.deadiversion. usdoj .gov /drugs_concem/mdpv.pdf) (last visited on January 12, 2012).
'See, Florida Fusion Center, Unit Reporting: Office of Statewide Intelligence. "Bath Salts" Receive Emergency Drug Scheduling.
Brief# 10 -194 Public, January 26, 2011. (http: / /www.fdle. state. fl. us / Content/ BathSaits/ FDLEBriefIO _194BathSaltsPublic.pdf) (last
visited on January 12, 2012). See also, supra note 2.
7 National Drug Intelligence Center. U.S. Department of Justice. DRUG WATCH: Increasing abuse of bath salts. December 17, 2010.
(www.justice.gov/ndic/pubs43/43474/sw0007p.pdf) (last visited on January 12, 2012).
a Supra note 6. See also, supra note 2.
9 Supra note 8.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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1/8/2013 Item 17.C.
and hallucinations. 10 Additionally, there have been cases in which these substances have caused
individuals to behave inappropriately, and in some instances cause public danger."
Druq Schedules
Chapter 893, F.S., sets forth the Florida Comprehensive Drug Abuse Prevention and Control Act and
classifies controlled substances into five categories, known as schedules. These schedules are used
to regulate the manufacture, distribution, preparation and dispensing of the substances listed therein.
The distinguishing factors between the different drug schedules are the "potential for abuse" 12 of the
substance listed therein and whether there is a currently accepted medical use for the substance.
Schedule I substances have a high potential for abuse and have no currently accepted medical use in
the United States. 13 Cannabis and heroin are examples of Schedule I drugs."
Florida law
Synthetic Cannabinoids (Spice /K2)
During the 2011 Legislative Session, the following synthetic cannabinoids and synthetic cannabinoid-
mimicking compounds were added to Schedule I of Florida's controlled substance schedules:
• 2 -[ (1R, 3S) - 3- hydroxycyclohexyl] -5- (2- methyloctan -2 -yl) phenol, also known as CP 47, 497
and its dimethyloctyl (C8) homologue;
• (6aR, 10aR) -9- (hydroxymethyl) -6, 6- dimethyl -3- (2- methyloctan -2 -yl) -6a, 7, 10, 10a-
tetrahydrobenzo [c] chromen -1 -ol, also known as HU -210;
• 1- Pentyl -3- (1- naphthoyl) indole, also known as JWH -018;
• 1- Butyl -3- (1- naphthoyl) indole, also known as JWH -073; and
• 1- [2- (4- morpholinyl)ethyl] -3 -(1- naphthoyl) indole, also known as JWH - 200.15
As a result, possession of these synthetic cannabinoids is a third degree felony 16 in conformity with
other Schedule I hallucinogens.17 This offense is ranked in Level 3 of the offense severity ranking chart
(ranking chart). The offense of sale, manufacture or delivery or possession with intent to sell,
manufacture or deliver synthetic cannabinoids is a third degree felony ranked in Level 3 of the ranking
chart. The offense of purchase of synthetic cannabinoids is athird degree felony ranked in Level 2 of
the. ranking chart.
Bath Salts
During the 2011 Legislative Session, the following synthetic substances (bath salts) were added to
Schedule I of Florida's controlled substance schedules:
• 3 ,4- Methylenedioxymethcathinone;
• 3,4- Methylenedioxypyrovalerone (MDPV);
• Methylmethcathinone;
• Methoxymethcathinone;
• Fluoromethcathinone; and
• Methylethcathinone.18
t ° Supra note 6. See also, supra note 2.
" According to Panama City Beach police, one of the most shocking cases of bath salts abuse involved a woman who burst into her
71 -year -old mother's room swinging a machete. Alexia Campbell and Aaron Deslatte, Sun Sentinel, Florida bans 'bath salt' drugs
after violent outbursts. January 27, 2011. (http: / /articles. sun- sentinel.com/2011- 01 -27/ news /fl- bath - salts - florida- 20110126 1 salts -
fake- cocaine -bath) (last visited on January 12, 2012). _
12 See S. 893.02(19), F.S.
"See s. 893.03, F.S.
14 id
" Chapter 2011 -73, L.O.F.
16 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Sections 775.082 and 775.083, F.S.
" Possession of 3 grams or less of synthetic cannabinoids will be a first degree misdemeanor, unless the synthetic cannabinoid is in
powdered form. See, ch. 2011-73, L.O.F.
18 Chapter 2011 -90, L.O.F.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1175z1.CRJS.DOCX PAGE: 3
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1/8/2013 Item 17.C.
As a result, possession of these substances is a third degree felony ranked in Level 3 of the ranking
chart. The offense of sale, manufacture or delivery or possession with intent to sell, manufacture or
deliver these substances is a third degree felony ranked in Level 3 of the ranking chart. The purchase
of these substances is a third degree felony ranked in Level 2 of the ranking chart.
Recent Issues
Since the 2011 Legislative Session, new formulas of synthetic cannabinoids and bath salts have been
developed that are made up of chemicals not covered by current law.19 According to the Florida
Department of Law Enforcement (FDLE), state and local law enforcement agencies are currently
limited in their ability to intercede in cases involving any of the these chemical substances, thus
creating an environment where individuals feel free to possess, distribute, and /or use these harmful
substances without fear of intervention by state and local law enforcement.20
Effect of the Bill
The bill amends s. 893.03, F.S., to add additional synthetic cannabinoid and bath salt substances to
Schedule I of Florida's controlled substance schedules. As a result, possession of these substances is
a third degree felony ranked in Level 3 of the ranking chart. However, possession of 3 grams or less of
synthetic cannabinoids will be a first degree misdemeanor, unless the synthetic cannabinoid is in
powdered form. The offense of sale, manufacture or delivery or possession with intent to sell,
manufacture or deliver synthetic cannabinoid and bath salt substances is a third degree felony ranked
in Level 3 of the ranking chart. The purchase of these substances is a third degree felony ranked in
Level 2 of the ranking chart.
The bill also reenacts ss. 893.13(1) — (6) and 921.0022(3)(b) — (e), F.S., to incorporate changes made
to s. 893.03, F.S.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill does not appear to have any impact on state revenues.
2. Expenditures:
The bill adds additional chemical substances to Schedule I of Florida's controlled substance
schedules. According to FDLE, this could potentially increase the number of evidence submissions
into FDLE's Crime Laboratory System .2' The lab system will need to acquire all of the required
standards necessary to test the proposed chemical substances. 22 However, FDLE's fiscal analysis
stated that no new expenditures would be required to implement the bill.23
The Criminal Justice Impact Conference met on January 17, 2012, and determined the bill will have
an insignificant impact on state prison beds.
19According to the FDLE, over 90 chemicals related to synthetic cannabinoids and bath salts have been discovered that have no
accepted medical use or a legitimate industrial or commercial purpose. Although similar in structural make up, these chemical
compounds differ by rearrangement of the molecules, creating a different drug. See, Florida Department of Law Enforcement.
Analysis to HB 1175 relating to Controlled Substances. January 12, 2012. (On file with House Criminal Justice Subcommittee),
20 Id,
21 Id.
22 Id.
2s Id
This document does not reflect the Intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: hi 175z1.CRJS.DOCX PAGE: 4
DATE: March 26, 2012
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1/8/2013 Item 17.C.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill does not appear to have any impact on local government revenues.
2. Expenditures:
Because the bill adds certain chemical substances to Schedule I, local agencies which fund and
maintain their own crime lab with a chemistry section would potentially be facing a rise in evidence
submissions associated with the additions of the proposed chemical substances.24
The bill makes possession of 3 grams or less of new synthetic cannabinoids a first degree
misdemeanor, unless the synthetic cannabinoid is in a powdered form. This may have a fiscal
impact on local jail beds.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill prohibits the possession, sale, manufacture, delivery and purchase of related synthetic
cannabinoids and bath salts chemical substances. As a result, the bill could have a negative fiscal
impact on retailers currently profiting from the sale of such chemical substances.
D. FISCAL COMMENTS:
None.
24 Id.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1175z1.CRJS.D0CX PAGE: 5
DATE: March 26, 2012
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1/8/2013 Item 17.C.
30D )) Wednesday, December 26, 2012 )) NAPLES DAILY'-.
NEWS
UN i
NOTICE OF INTENT TO CONSIDER ORDINANCE
NotiEe is hereby given that on January 8, 2013 in the Boardroom, 3rd Floor, Admin-
istration Buildingg, Collier County Government Center, 3299 East: Tamiami Trail,
Naples, Florida, the Board. of County Commissioners will consider the enactment of
a County Ordinance. The meeting.will commence at :9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY, COMMISSIONERS OF COLLIER COUN-
TY
FLORIDA, ESTABLISHING PROHIBITIONS TO THE POSSESSION, PROVISION,' SALE, OR
DISTRIBUTION OF ILLICIT SYNTHETIC DRUGS IN COLLIER COUNTY BY PROVIDING
FOR SECTION ONE: AUTHORITY; SECTION TWO: LEGISLATIVE FINDINGS OF FACT;
SECTION THREE: TITLE AND CITATION; SECTION FOUR: DEFINITIONS; SECTION FIVE:
POSSESSION, PROVISION, SALE, OR. DISTRIBUTION OF SYNTHETIC DRUGS
PROHIBITED; SECTION SIX:: SALE OF CERTAIN PRODUCTS FOR HUMAN
CONSUMPTION PROHIBITED; SECTION SEVEN: ENFORCEMENT; SECTION EIGHT.
VIOLATIONS AND PENALTIES; SECTION NINE: CONFLICT AND SEVERABIUTY;
SECTION TEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION
ELEVEN: EFFECTIVE DATE.
Copies of the proposed Ordinance, is on"file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE:". All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If .
recognized by the Chairman, a spokesperson for .a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing.' In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you to the provision
of certain assistance. Please contact the Collier County 7 Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356,
(239) 252 -8380, at least two days prior to the meeting" Assisted "listening devices for
the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
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