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<br />anxiety, paranoia, and hallucinations. Psychoactive herbal incense abusers who have been taken
<br />to Poison Control Centers report symptoms that include rapid heart rate, vomiting, agitation,
<br />confusion, and hallucinations. Nationwide, the American Association of Poison Control Centers
<br />("AAPCC") reported 6,968 cases of exposure in 2011, 5,230 in 2012, 2,668 in 2013, 3,682 in
<br />2014, and 7,779 in 2015. The AAPCC claims that psychoactive herbal incense can cause
<br />dangerous health effects, is made specifically to be abused, and is not tested for safety; and
<br />WHEREAS, there is an emerging family of drugs commonly referred to as "bath salts" or
<br />"psychoactive bath salts" that contain one or more chemicals relating to cathinone, an
<br />amphetamine -like stimulant found naturally in the Khat plant. According to the NIDA,
<br />psychoactive bath salts typically take the form of a white or brown crystalline powder and are
<br />sold in small plastic or foil packages labeled "not for human consumption." Psychoactive bath
<br />salts are often sold in drug stores under a variety of brand names, such as Ivory Wave, Bloom,
<br />Cloud Nine, Lunar Wave, Vanilla Sky, White Lightning, and Scarface and users of psychoactive
<br />bath salts can experience euphoria, increased sociability, and sex drive, while others experience
<br />paranoia, agitation, and hallucinatory delirium. Some users even display psychotic and violent
<br />behavior, with deaths being reported in several instances; and
<br />WHEREAS, in October 2011, the DEA placed three common synthetic cathinones found
<br />in psychoactive bath salts under emergency ban pending further investigation and, in July 2012,
<br />President Obama signed the Synthetic Drug Abuse Prevention Act of 2012 (as part of the Federal
<br />Drug Administration Safety and Innovation Act) permanently making two of them illegal along
<br />with psychoactive herbal incense. On April 12, 2013, the DEA used its emergency scheduling
<br />authority to schedule three more types of synthetic cannabinoids, temporarily designating them as
<br />Schedule I substances; and
<br />WHEREAS, the Analog Drug Law codified in California Health and Safety Code Section
<br />11400 provides that selling a drug that is an analog of a scheduled controlled substance is a crime
<br />subject to criminal prosecution; and
<br />WHEREAS, according to NIDA, although federal law prohibits chemically similar
<br />"analogues" of the specifically banned types of psychoactive herbal incense and psychoactive
<br />bath salts, manufacturers are expected to respond by creating new drugs different enough from the
<br />banned substances to evade current legal restriction. For example, after the cathinone
<br />mephedrone was banned in the United Kingdom in 2010, a chemical called naphyrone quickly
<br />replaced it, and is now being sold as "jewelry cleaner" under the name "Cosmic Blast"; and
<br />WHEREAS, the AAPCC reported 6,137 cases of exposure in 2011, 2,691 in 2012, 995 in
<br />2013, 582 in 2014, and 522 in 2015. The AAPCC claims that psychoactive bath salts are among
<br />the worst substances the AAPCC has ever seen, has not been tested, and can have permanent side
<br />effects; and
<br />WHEREAS, to avoid the threat to public health, safety, and welfare that would occur if
<br />these intoxicating synthetic chemical compounds were permitted in the City and to ensure the
<br />individual or business which possesses, provides, distributes or sells Synthetic Drugs as defined
<br />herein is a threat to public health, safety and welfare and, as such, is subject to the City's
<br />administrative, criminal and civil enforcement procedures (including those set forth in Chapters
<br />8.02 and 8.12 of Title 8 of the Colton Municipal Code) and, in the case of a business, prohibition
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