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<br />5. Similarity to Illicit Street Drugs: Synthetic Drugs often resemble illicit street drugs
<br />and/or use brand names and packaging that are designed to make the product appear
<br />similar to illicit street drugs. For example, many Synthetic Drugs are sold as white
<br />powders packaged in vials (resembling cocaine) or dyed green to appear similar to
<br />marijuana. Additionally, brand names are often similar to street slang for illicit drugs and
<br />have no relation to the products that are purportedly being sold. These brand names are
<br />always changing, but include "Eight Ballz," "Spice," "Black Mamba," "K-2," "Puff,"
<br />"Sugar Sticks," "Green Buddha," "Diablo Botanical Incense," "Scooby Snax Potpourri,"
<br />"Grape Ape Herbal Incense," "Aurora Incense," "Three Monkey Incense," "Mr. and Mrs.
<br />Marley." "Cloud 9 Incense," and a group of Synthetic Drugs marketed as from "The Spice
<br />Guy"; and
<br />WHEREAS, the City Council further finds that, given the recent state and federal laws
<br />making the certain identified chemicals in psychoactive herbal incense and psychoactive bath
<br />salts illegal and the public peace, health, safety and welfare concerns associated with the sale and
<br />use of psychoactive herbal incense and psychoactive bath salts as mentioned herein, the City finds
<br />that the sale and the use of psychoactive herbal incense and psychoactive bath salts each create a
<br />nuisance that threatens the health, safety, and property of users, their families, and any person or
<br />property nearby and therefore, by adding Chapter 9.23 to the Colton Municipal Code by this
<br />Ordinance, wishes to prohibit, without encroaching upon any field of law occupied by state or
<br />federal law, the sale and use of psychoactive herbal incense and psychoactive bath salts (as those
<br />phrases are defined in this Ordinance) in the City. To avoid the threat to public health, safety, and
<br />welfare that would occur if these intoxicating synthetic chemical compounds were permitted in
<br />the City and to ensure the individual or business which possesses, provides, distributes or sells
<br />Synthetic Drugs as defined herein is a threat to public health, safety and welfare and, as such, is
<br />subject to the City's administrative, criminal and civil enforcement procedures (including those
<br />set forth in Chapters 8.02 and 8.12 of Title 8 of the Colton Municipal Code) and, in the case of a
<br />business, prohibition against the issuance of a business license (pursuant to Chapter 5.02 of the
<br />Colton Municipal Code); and
<br />WHEREAS, an effective way to prevent and abate the health, safety and welfare
<br />concerns that exist as a result of the marketing, distribution and sale of Synthetic Drugs in
<br />manners that brazenly seek to circumvent State and Federal Law is through the enforcement of
<br />the City's administrative, criminal and civil enforcement procedures and through the prohibition
<br />against the issuance of a business license. Because the chemical composition of Synthetic Drugs
<br />is constantly evolving, it is necessary to look at the circumstances surrounding the marketing
<br />(including price), distribution or sale of any given product to determine if the product is being
<br />provided, distributed or sold as a recreational drug. This ordinance shall not apply to any activity
<br />already regulated by Health and Safety Code Sections 11357.5, 11375.5, 11401, the federal
<br />Controlled Substances Act or pre-empted by any State or Federal law or regulation; and
<br />WHEREAS, by enacting this Ordinance, the City ordains that nothing herein shall be
<br />deemed to conflict with federal law, including but not limited to its treatment of controlled
<br />substances, state law, including but not limited to Health and Safety Code Section 11357.5 and
<br />Section 11375.5, or otherwise or to license any activity that is prohibited thereunder except as
<br />mandated by such laws.
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