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2 <br />0 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />ORDINANCE NO. 0-07-16 <br />AN ORDINANCE OF THE OF THE CITY COUNCIL OF THE <br />CITY OF COLTON ADDING A NEW CHAPTER 9.23 TO TITLE 9 <br />OF THE COLTON MUNICIPAL CODE REGARDING <br />PSYCHOACTIVE HERBAL INCENSE, PSYCHOACTIVE BATH <br />SALTS AND OTHER SYNTHETIC DRUGS, PROHIBITING THE <br />DISTRIBUTION AND SALE OF CERTAIN INTOXICATING <br />CHEMICAL COMPOUNDS KNOWN AS SYNTHETIC DRUGS <br />WHEREAS, Article XI, Section 7 of the California Constitution provides that a city may <br />make and enforce within its limits all local, police, sanitary, and other ordinances and regulations <br />not in conflict with general laws; and <br />WHEREAS, California State Law, through Health & Safety Code Sections 11357.5 and <br />11375.5, prohibits the sale or any other distribution of certain synthetic drugs often marketed as <br />"bath salts" or "incense" in response to increased incidents, particularly among adolescents, <br />resulting from the use of these drugs; and <br />WHEREAS, according to the National Institute on Drug Abuse ("NIDA"), synthetic <br />cannabinoid compounds or synthetic cannabinoid derivative products (hereinafter "psychoactive <br />herbal incense") contain dried, shredded plant material and chemical additives that are responsible <br />for psychoactive (mind -altering) effects. NIDA also confirms that these products are sold under <br />many names including Spice, K2, fake weed, Yucatan Fire, Skunk, Moon Rocks and others. <br />Labels on psychoactive herbal incense products often claim the products contain "natural" <br />psycho -active material taken from a variety of plants, but chemical analyses shows that the active <br />ingredients in psychoactive herbal incense are synthetic (or designed) cannabinoid compounds. <br />For many years, psychoactive herbal incense mixtures have been easy to purchase in head shops, <br />gas stations, and via the Internet. Some psychoactive herbal incense products are sold as <br />"incense," often closely resemble potpourri, and are often sold with a warning label that the <br />products "are not for human consumption." Like marijuana, psychoactive herbal incense is <br />abused mainly by smoking, but can sometimes be mixed with marijuana or prepared as an herbal <br />infusion for drinking; and <br />WHEREAS, because the chemicals in psychoactive herbal incense have a high potential <br />for abuse and no medical benefit the Drug Enforcement Administration ("DEA") has designated <br />the five active chemicals most frequently found in psychoactive herbal incense as Schedule I <br />controlled substances, making it illegal to sell, buy, or possess them under federal law. These five <br />chemicals are also included in Health and Safety Code Section 11357.5, subdivision (b)(1)-(5) as <br />the chemicals specifically prohibited by Section 11357.5; and <br />WHEREAS, according to NIDA, psychoactive herbal incense products are popular <br />among young people and, of the illicit drugs used by high school seniors, psychoactive herbal <br />incense is second only to marijuana; and <br />WHEREAS, psychoactive herbal incense often causes users to have experiences similar <br />to marijuana, while some users experience even stronger psychotic effects such as extreme <br />