Ordinance 2013-02J1 A IN 2 4
ORDINANCE NO. 2013 - 0 2
Y ANCE 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
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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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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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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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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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.. LOCI ;. CLEl RK
By: -r
Attest a rl :
Vogt, !
8
BOARD OF COUNTY
COLLIER COUNTY. I
I'm
A
GE R A"A. HILLER, ESQ.
CHAIRWOMAN
SIONERS
This ordinance filed with the
�7"ry of S ffic h
—doy of 13
and ocknowledgem f that
filif)$,.�gfr!Yed�s day
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2013 -02
which was adopted by the Board of County Commissioners
on the 9th day of January, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of January, 2013.
DWIGHT E. BROCK
Clerk of Courts- and Clerk
Ex- officio to Bo r .o
County Commissloriers -
r . .y
lR `
By: Ann '
J
Deputy Clerk