Miami-Dade Legislative Item
File Number: 101796
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File Number: 101796 File Type: Resolution Status: Adopted
Version: 0 Reference: R-815-10 Control: Board of County Commissioners
File Name: URGE FLA LEG TO BAN SALE OF K2 & OTHER SYNTHETIC DRUGS Introduced: 7/8/2010
Requester: NONE Cost: Final Action: 7/20/2010
Agenda Date: 7/20/2010 Agenda Item Number: 11A1
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE AND THE FLORIDA ATTORNEY GENERAL TO BAN THE SALE, USE AND POSSESSION OF K2 AND OTHER SYNTHETIC MARIJUANA-LIKE DRUGS
Indexes: LEGISLATURE
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/20/2010 11A1 Adopted P

County Attorney 7/8/2010 Assigned Jess M. McCarty

Legislative Text



TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE AND THE FLORIDA ATTORNEY GENERAL TO BAN THE SALE, USE AND POSSESSION OF K2 AND OTHER SYNTHETIC MARIJUANA-LIKE DRUGS

BODY
WHEREAS, K2, Spice, Genie, Zohai and JWH-018 (collectively “K2”) are chemicallytreated spices that when smoked or ingested mimic the effects of THC, the psychoactive chemical in marijuana; and
WHEREAS, at the present time, K2 is sold legally as incense, but is a potent drug that is stronger than marijuana, and that can be difficult to detect because it does not show up on marijuana drug screens; and
WHEREAS, the popularity of smoking K2 is on the rise, especially among teenagers and young adults; and
WHEREAS, unlike marijuana, little is known about the toxicity of K2 or its short- or long-term health effects, although seizures, coma, accelerated heart rate and heightened blood pressure have all been reported, in addition to the usual dangers associated with impaired judgment and motor skills from a person getting high; and
WHEREAS, K2 currently is banned in most of Europe; and
WHEREAS, the U.S. Drug Enforcement Administration (DEA) considers K2 to be a “drug and chemical of concern”, but K2 is not listed as a controlled substance under federal law; and
WHEREAS, Kansas was the first state to outlaw K2 earlier this year; and
WHEREAS, the legislatures in Alabama, Georgia, Kentucky, North Dakota and Tennessee all have passed legislation outlawing K2 in the last few months; and
WHEREAS, legislation to outlaw K2 currently is moving through the legislative process in a number of other states, including Illinois, Michigan, Missouri, New York and Utah; and
WHEREAS, the Florida Legislature did not consider or pass legislation during the 2010 session outlawing K2; and
WHEREAS, the Florida Legislature should take up and pass legislation during the 2011 session adding K2 to the list of controlled substances in section 893.03, Florida Statutes; and
WHEREAS, in the meantime, section 893.035, Florida Statutes, delegates authority to the Florida Attorney General to add a substance by rule to the list of controlled substance in section 893.03; and
WHEREAS, the Attorney General should exercise his delegated authority to list K2 as a controlled substances in Florida until the Legislature can act,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature and the Florida Attorney General to ban the sale, use and possession of K2 and other synthetic marijuana-like drugs.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Attorney General, Senate President, House Speaker and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate for the passage of the legislation and for the Attorney General to exercise his delegated authority as set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2010 and 2011 State Legislative Packages.



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