10-1459 City Code Synthetic Cannabinoids/"Spice"CITY OF MERIDIAN ORDINANCE NO. ~ L _ _~~
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN ADDING A NEW SECTION, TO
TITLE 6 OF THE MERIDIAN CITY CODE, RELATING TO THE POSSESSION AND
SALE OF PRODUCTS CONTAINING SYNTHETIC CANNABINOIDS, KNOWN OR
SOLD UNDER PRODUCT NAMES SUCH AS "SPICE" AND "K2"; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, pursuant to Idaho Code, Title 50, Chapter 3, the City of Meridian has the
authority to enact ordinances not inconsistent with the laws of the state of Idaho to preserve
public health, maintain the peace, and promote the general welfare of the City; and
WHEREAS, in Meridian and surrounding areas, a mixture of herbal and spice plant
products laced with synthetic cannabinoids are being marketed, sold, and used as a smoking
product under names including, but not limited to, "Spice," "K2," "Black Mamba," and "Blue
Pearl," even though they are labeled as incense that is "not for human consumption"; and
WHEREAS, this product is often referred to as "synthetic marijuana" because the
ingredients are designed to mimic the active ingredient THC found in marijuana; and
WHEREAS, this product is becoming increasingly popular and available in retail stores
not regulated by the Board of Pharmacy, including tobacco shops, bars, pool halls, and
convenience stores, some of which are accessible to persons particularly vulnerable to drug
abuse, such as minors, probationers, and parolees; and
WHEREAS, synthetic marijuana products are known to cause hallucinations, blurred
vision, elevated blood pressure, rapid heart rate, nausea and vomiting, seizures, and loss of
consciousness; and
WHEREAS, the Drug Enforcement Administration has labeled this product a "drug and
chemical of concern," approximately 13 states have banned the sale and possession of synthetic
marijuana, and the Idaho Board of Pharmacy has adopted an emergency rule classifying the
product as a Schedule II controlled substance; and
WHEREAS, the City Council of the City of Meridian seeks by this ordinance to ensure
that the prohibitions contained herein are enforceable by the Meridian Police Department in the
interim period between the effectuation of the Board of Pharmacy rule and such time as the
Idaho legislature acts to designate this product in Idaho Code as an illegal Schedule II drug;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That a new section of Title 6, Chapter 3, Meridian City Code, Section 11,
shall be, and hereby is, enacted to read as follows:
SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 1 OF 4
Section 6-3-11: UNLAWFUL SALE AND POSSESSION OF ILLEGAL SMOKING
PRODUCTS:
A. It shall be unlawful for any person to use, possess, purchase, or attempt to purchase any
illegal smoking product.
B. It shall be unlawful for any person to sell, offer to sell, give away, deliver or publicly display
for sale any illegal smoking product.
C. For purposes of this section, the following terms shall be defined as follows:
PERSON: an individual, corporation, partnership, wholesaler, retailer, and any licensed or
unlicensed business, including a clerk, manager, or owner of a business;
2. ILLEGAL SMOKING PRODUCT: Any substance, whether described as tobacco, herbs,
incense, spice, or any blend thereof, which, when smoked or ingested, mimics the effects
of a controlled substance, regardless of whether the substance is marketed for the purpose
of being smoked or ingested, or which includes any one or more of the following
chemicals:
a. CP 47,497 and homologues: 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-
yl)phenol)
b. HU-210: [(6aR,l0aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-
6a, 7, l 0, l Oa-tetrahydrobenzo [c] chromen- l -01)], also known as 6aR-trans-3 -(1,1-
Dimethylheptyl)-6a,7, l 0, l Oa-tetrahydro- l -hydroxy-6,6-dimethyl-6H-
dibenzo [b,d]pyran-9-methanol
c. JWH-018: 1-pentyl-3 -(1-naphthoyl)indole, also known as Naphthalen- l -yl-(1-
penttlindol-3 -yl)methanone
d. JWH-073: 1-butyl-3-(1-naphthoyl)indole, also known asNaphthalen- l -yl-(1-
butylindol-3 -yl)methanone
e. JWH-200:1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole
f. JWH-081: 1-pentyl-3-(4-methoxy-l-naphthoyl)indole, also known as 4-
methoxynaphthalen-l-yl- (1-pentylindol-3-yl)methanone
g. JWH-250: 1-pentyl-3-(2-methoxyphenylacetyl)indole, also known as 2-(2-
methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone
h. Other synthetic cannibinoids or derivatives, salts, isomers, or salts of isomers with
similar chemical structure and pharmacological activity as the substances defined
above.
SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 2 OF 4
D. Any person in violation of this ordinance shall be guilty of a misdemeanor.
E. If the Idaho Legislature adopts a statute enacting criminal penalties for the possession, sale or
delivery of any illegal smoking product as defined by this ordinance, then upon the effective
date of such state statute, this ordinance shall no longer be deemed effective. However, a
violation of this ordinance occurring prior to the effective date of such state statute may be
prosecuted after the effective date of the state statute.
F. If any provision of this ordinance shall be held to be invalid by a court of competent
jurisdiction, then such provision shall be considered separately and apart from the remaining
provisions of this ordinance, which shall remain in full force and effect.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this Ordinance shall be in full force and effect immediately upon its
passage.
2010.
2010.
PASSED by the City Council of the City of Meridian, Idaho, this 12th day of October,
APPROVED by the Mayor of the City of Meridian, Idaho, this 12th day of October,
APPROVED:
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Tammy de' eerd
Mayor `
ATTEST:
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cee lman - ` TFO '_
City Clerk = S~~L
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SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 3 OF 4
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 10- r y,~Q
PROVIDING FOR A NEW PROVISION OF THE MERIDIAN CITY CODE
PROHIBITING THE USE, POSSESSION, PURCHASE, SALE, OFFER,
GIVEAWAY, DELIVERY OR PUBLIC DISPLAY OF PRODUCTS
CONTAINING SYNTHETIC CANNABINOIDS
An ordinance of the City of Meridian adding a new section, Section 6-3-11, to Meridian City
Code, relating to the possession and sale of products containing synthetic cannabinoids, known
or sold under product names such as "Spice" and "K2." The full text of this ordinance is
available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This
ordinance shall become effective upon its passage and publication.
. ~ :~,
Ci of e i 'an ~ ~-
Mayor City Council ,_„
BY: Jaycee Holman, City Clerk ~-
First Reading: ~ C~-~{~~ ~ ~ ~ ~~ t
Adopted after first reading by suspension of the ,Rule as allowed pursuant to
Idaho Code § 50-902: YES ~ NO
Second Reading:
Third Reading: '-
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- I~_
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance no. 10- (~ ~-q of the City of Meridian, Idaho, and has found the same to be true and
complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this ~~ day of (mac..-~~~, 2010.
1.
William. L.M. Nar
City Attorney
SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 4 OF 4