Chapter 9.08
SYNTHETIC STIMULANTS AND SYNTHETIC CANNABINOIDS
Sections:
9.08.040 Authority to administer and enforce.
9.08.050 Abatement authority and procedures – Other remedies.
9.08.010 Purpose and intent.
The purpose and intent of this chapter is to protect the public health and safety within the City of Poway from the dangers and ill effects of synthetic stimulants and synthetic cannabinoids by declaring certain activities involving these drugs to be a public nuisance and subject to all available civil remedies. (Ord. 747 § 1, 2013)
9.08.020 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
A. Synthetic Stimulants. As used in this chapter, the terms “synthetic stimulant” and “synthetic stimulants” are defined as follows:
1. Any material, compound, mixture, or preparation, except bupropion or compounds listed under a different schedule, which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers whenever the existence of such salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers is possible within any of the following specific chemical designations:
a. Naphthylpyrovaleron, whether or not further substituted in the naphthyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the naphthyl ring by one or more other univalent substituents, or whether or not further substituted in the carbon chain at the 3-, 4-, or 5-position with an alkyl substituent.
b. 2-amino-1-phenyl-1-propanone (cathinone) or variation in any of the following ways:
i. By substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents.
ii. By substitution at the 3-position with an alkyl substituent.
iii. By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, or benzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
2. “Synthetic stimulants” are commonly marketed under the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night and White Lightning but may be marketed under other trade names and contain a common disclaimer that these products are “not safe for human consumption.”
3. “Synthetic stimulants” do not include normal, standard bath salts that do not contain synthetic chemical compounds listed above that elicit psychoactive or psychotropic stimulant effects. Standard bath salts primarily contain magnesium sulfate (Epsom salts), sodium chloride (table salt), sodium bicarbonate (baking soda), sodium hexametaphosphate (Calgon, amorphous/glassy sodium metaphosphate), sodium sesquicarbonate and borax.
B. Synthetic Cannabinoids. As used in this chapter, the terms “synthetic cannabinoid” and “synthetic cannabinoids” are defined as follows:
1. Any synthetic cannabinoid agonist, including but not limited to the substances listed below and any substances identified as a “synthetic cannabinoid compound” by Health and Safety Code Section 11357.5:
a. 1-pentyl-3-(1-naphthoyl)indole (JWH-018).
b. 1-butyl-3-(1-naphthoyl)indole (JWH-073).
c. 1-2-[(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200).
d. 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497).
e. 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol; CP-47, 497 C8 homologue).
f. Naphthoylindoles: any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
g. Naphthylmethylindoles: any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.
h. Naphthoylpyrroles: any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-t-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.
i. Naphthylmethylindenes: any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.
j. Phenylacetylindoles: any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
k. Cyclohexylphenols: any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent.
l. Benzoylindoles: any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.
m. 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)-pyrrolo-[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone.
n. 9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c] chromen-1-ol.
o. Adamantoylindoles: any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morphonyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring system to any extent.
2. Synthetic cannabinoids products are commonly marketed under the following names: K2, K3, Spice, Genie, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Serenity, Fake Weed, but may be marketed under other trade names and contain a common disclaimer that these products are “not safe for human consumption.”
3. “Synthetic cannabinoids” does not include normal, standard incense that is sold as incense sticks, oils or cones that is commonly used for its aromatic qualities that do not contain any synthetic chemical compounds listed above that elicit psychoactive or psychotropic euphoric effects.
C. Distribute. As used in this chapter, the term “distribute” has the same meaning as set forth in Health and Safety Code Section 11012.
D. Person. As used in this chapter, the term “person” or “persons” has the same meaning as set forth in Health and Safety Code Section 11022. (Ord. 747 § 1, 2013)
9.08.030 Public nuisance.
A. It is a public nuisance for any person to distribute, sell or possess with the intent to distribute or sell synthetic stimulants and/or synthetic cannabinoids.
B. Possession that is not described in subsection A of this section is declared to be a public nuisance when such possession injuriously affects any person or persons, other than the person in possession, in such other person’s or persons’ health, safety, welfare, or comfortable enjoyment of life or property. (Ord. 747 § 1, 2013)
9.08.040 Authority to administer and enforce.
The provisions of this chapter shall be administered and enforced by the Director of Development Services, each agent thereof who is assigned to duties which include the enforcement of this chapter, any peace officer, and any other City official authorized to enforce any provision of the Municipal Code, as noted below. (Ord. 747 § 1, 2013)
9.08.050 Abatement authority and procedures – Other remedies.
A. Public Nuisance. If a public nuisance exists pursuant to this chapter, any of the persons identified in PMC 9.08.040 may proceed under Chapter 8.72 PMC, Nuisance Abatement Procedure.
B. Civil Remedies. Nothing in this chapter shall be construed to prevent the City of Poway from pursuing any and all other legal remedies that may be available, including but not limited to civil actions filed by the City Attorney seeking any and all appropriate relief such as civil injunctions, penalties and forfeiture.
C. Civil Penalties. Notwithstanding Chapter 1.08 PMC, General Penalty, Chapter 1.10 PMC, Administrative Citations and Penalties, Chapter 8.72 PMC, Nuisance Abatement Procedure, or any other section of this code to the contrary, any person, entity, or organization that maintains a public nuisance as defined in this chapter may be subject to civil penalties up to $1,000 for each day said nuisance is in existence. (Ord. 747 § 1, 2013)
9.08.060 Severability.
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 747 § 1, 2013)