Loading...
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 PA 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. 3 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 4 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 5 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. 6 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. 7 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