A. On October 9, 2011, Health and Safety Code Section 11375.5 was enacted criminalizing the sale, distribution and possession for sale or distribution of psychoactive synthetic stimulants commonly sold as "bath salts." On January 1, 2012, Health and Safety Code Section 11357.5 became effective, criminalizing the sale, distribution and possession for sale or distribution of "synthetic cannabinoids" commonly marketed as "herbal incense" or "spice." These laws are aimed at combating the growing popularity and dangerous health risks of these "designer drugs." As of the time of enactment of the ordinance codified in this chapter, pending legislation seeks to also criminalize the personal use or possession of these synthetic drugs.

B. Psychoactive Bath Salts. "Bath salts" products contain synthetic stimulants in a class of drugs known as synthetic cathinones, including MDPV, mephedrone and methylone. These cathinone derivatives have effects similar to cocaine, amphetamine or MDMA (ecstasy), and may have a high risk for overdose. Doctors at poison centers and emergency rooms have reported the drug can cause paranoia and violent behavior, hallucinations, delusions, suicidal thoughts, seizures, panic attacks, increased blood pressure and heart rate, chest pain, nausea and vomiting. According to the American Association of Poison Control Centers, in 2015, through June 30th, poison centers received reports of two hundred sixty-seven exposures to bath salts. While this number is decreasing from reported exposures in 2011 of six thousand one hundred thirty-eight, in 2012 of two thousand six hundred ninety-one and in 2013 of nine hundred ninety-five, the numbers have remained steady since 2014 which had five hundred eighty-two reported exposures. The drug seems to be most popular with people who are between the ages of twenty and twenty-nine. However, poison centers have seen bath salts exposures in a wide range of ages, from younger than six to older than fifty-nine. The drugs come in powder and crystal forms like traditional bath salts; however, they are not the bath salts used in a bath. Users typically snort, inject or smoke them.

C. Psychoactive Herbal Incense (aka "Spice" or "Synthetic Marijuana"). "Herbal incense" products are most commonly a combustible leafy plant material that has been sprayed with research chemicals called synthetic cannabinoids. While synthetic cannabinoids and natural marijuana act on the body’s natural cannabinoid receptors, synthetic cannabinoids are not marijuana. Research and anecdotal reports show that synthetic cannabinoids produce dangerous symptoms not normally associated with marijuana. Making matters worse, synthetic cannabinoids may be combined with other toxic substances. Emergency room physicians report that users of these products experience serious side effects, including severe agitation and anxiety; disorientation, fast, racing heartbeat and higher blood pressure; nausea and vomiting; convulsions, muscle spasms, seizures, and tremors; intense hallucinations and psychotic episodes; suicidal and other harmful thoughts and/or actions. According to the American Association of Poison Control Centers, in 2015 (through July 6th), poison centers received reports of four thousand three hundred seventy-seven exposures to synthetic marijuana. While it appeared reports of exposures were beginning to decline in 2012, the number of exposures has risen since 2014. In 2010, there were two thousand nine hundred six reported exposures; in 2011, there were six thousand nine hundred fifty-nine reported exposures; in 2012, there were five thousand two hundred thirty reported exposures; in 2013, there were two thousand six hundred sixty-eight reported exposures; and in 2014, there were three thousand six hundred eighty-two reported exposures. These products typically appear as packaged dried plant product or leaves, and are sold at gas stations, liquor stores, convenience stores, smoke shops, or on the Internet. While they sometimes have warning labels against human consumption, they are intended specifically for that use. (Ord. 667 §1 (Exh. A), 2016).