File Number: 121207
|Printable PDF Format|
|File Number: 121207||File Type: Ordinance||Status: In Committee|
|Version: 0||Reference:||Control: Public Safety & Healthcare Admin Cmte|
|Requester: NONE||Cost:||Final Action:|
|Sunset Provision: No||Effective Date:||Expiration Date:|
|Registered Lobbyist:||None Listed|
|Acting Body||Date||Agenda Item||Action||Sent To||Due Date||Returned||Pass/Fail|
|Board of County Commissioners||6/19/2012||Tentatively scheduled for a public hearing||Public Safety & Healthcare Admin Cmte||9/11/2012|
|Board of County Commissioners||6/19/2012||4E||Withdrawn|
|REPORT:||(SEE AGENDA ITEM 4E SUBSTITUTE, LEGISLATIVE FILE NO. 121234)|
|Board of County Commissioners||6/12/2012||Requires Municipal Notification||Public Safety & Healthcare Admin Cmte||9/11/2012|
|County Attorney||6/11/2012||Referred||Public Safety & Healthcare Admin Cmte||9/11/2012|
|County Attorney||6/11/2012||Assigned||Jess M. McCarty|
ORDINANCE CREATING SECTION 21-22.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, PROHIBITING THE SALE, OFFER FOR SALE, PURCHASE WITH INTENT TO SELL OR PUBLIC DISPLAY FOR SALE OF SYNTHETIC STIMULANT BATH SALTS, SYNTHETIC CATHINONES, SYNTHETIC AMPHETAMINES AND OTHER SYNTHETIC STIMULANTS THAT MIMIC ILLEGAL DRUGS; PROVIDING DEFINITIONS; PROVIDING FOR SEIZURE AND INJUNCTIVE RELIEF; PROVIDING PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
WHEREAS, illicit products are being marketed as “bath salts” that are synthetic substitutes that mimic the pharmacological effects of amphetamines, cocaine, ecstasy and other illegal drugs; and
WHEREAS, despite being labeled as “not for human consumption”, these bath salts are being used as recreational drugs and have been marketed as legal and safer alternatives to illegal methods of getting high; and
WHEREAS, such bath salts, which are being sold at commercial businesses in Miami-Dade County, have as part of their composition synthetic central nervous system stimulants that are typically in a class of drugs known as synthetic cathinones; and
WHEREAS, these synthetic stimulants sell for many times more than legitimate bath salts, and are also marketed as plant food, insect repellant and iPod cleaner (hereinafter collectively “bath salts”); and
WHEREAS, cathinone is a Schedule I controlled substance under Florida Law and is an alkaloid found in the khat shrub that is chemically similar to amphetamines and other stimulants; and
WHEREAS, the molecular architecture of cathinone can be altered to produce a series of different compounds which are closely structurally related to cathinone, but which are not listed in Schedule I of Florida’s controlled substance schedule; and
WHEREAS, synthetic stimulants are commonly distributed in powder, crystal and liquid forms, but they are also available and abused in tablet and capsule forms; and
WHEREAS, products containing synthetic stimulants are particularly attractive to children and young adults due to their availability in small packages at convenience stores at minimal costs, as well as due to the names being given to these substances which are intended to appeal to children and young adults, such as Bliss, Blizzard, Blue Silk, Charge+, Hurricane Charlie, Ivory Snow, Ivory Wave, Ocean Burst, Pure Ivory, Purple Wave, Red Dove, Snow Leopard, Star Dust, Vanilla Sky, White Dove, White Knight, White Rush, and White Lightening; and
WHEREAS, despite claims related to safety, these substances often are many times more potent and dangerous than the illegal drugs that they mimic; and
WHEREAS, the DEA has determined that consumption of synthetic stimulants have been linked to severe psychotic episodes, increased heartbeat, panic attacks and hallucinations; and
WHEREAS, emergency room physicians and law enforcement officers have reported that individuals that use synthetic stimulants experience serious side effects which include convulsions, seizures, anxiety attacks, combativeness, delirium, panic, dangerously elevated heart rates, increased blood pressure, vomiting, sharp increase in body temperature and disorientation; and
WHEREAS, in the most extreme cases, bath salts have been linked to self-mutilation and drug-induced deaths, including an increased risk of suicide; and
WHEREAS, the American Association of Poison Control Centers is reporting increasing calls in recent years to poison control centers across the United States related to exposure to bath salts, with 304 calls in 2010; 6,138 calls in 2011; and already 1,007 calls in the first four months of 2012; and
WHEREAS, Chapter 893, Florida Statutes, sets forth the Florida Comprehensive Drug Abuse Prevention and Control Act and classifies controlled substances into five schedules, which are used to regulate the manufacture, distribution, preparation and dispensing of the substances listed therein; and
WHEREAS, the distinguishing factors between the different drug schedules are the potential for abuse of the substance listed in each schedule and whether there is a currently accepted medical use for the substance; and
WHEREAS, Schedule I substances have a high potential for abuse and have no currently accepted medical use in the U.S., such as cathinone and heroin; and
WHEREAS, during the 2011 session, the Florida Legislature passed HB 1039, Chapter 2011-90, Laws of Florida, which added six synthetic stimulants to Schedule I of Florida’s controlled substance schedule, allowing law enforcement officials and prosecutors to arrest and prosecute the possession and sale of these six particular substances under Florida law:
* 3,4-methylenedioxypyrovalerone (MDPV)
* Fluoromethcathinone; and
WHEREAS, following passage of HB 1039, chemists reconfigured the particular synthetic stimulants made illegal by HB 1039, and marketed new products that were not illegal under Florida law; and
WHEREAS, in some cases, these new products went so far as to list on the packaging the particular synthetic stimulants made illegal by HB 1039 and indicating that the product was not one of those substances; and
WHEREAS, during the 2012 session, the Legislature passed HB 1175, Chapter 2012-23, Laws of Florida, which added dozens of additional synthetic stimulants to Schedule I of Florida’s controlled substance schedule; and
WHEREAS, it is anticipated that drug designers and chemists will again take the particular chemical compounds that the Legislature made illegal during the 2012 session and reconfigure the molecular structure of the compounds resulting in a similar structural make up and effect, but new and different chemical compounds not listed as a controlled substance in Chapter 893 and therefore not illegal; and
WHEREAS, these new synthetic stimulants will likely nonetheless carry the same or perhaps even further heightened dangers associated with illegal drugs; and
WHEREAS, section 893.035, Florida Statutes grants Florida’s Attorney General rulemaking authority to add new substances to Florida’s schedules of controlled substances, but the rulemaking process can take time; and
WHEREAS, this Board desires to act quickly to make illegal those new synthetic stimulants that drug designers and chemists create to mimic the effects of illegal drugs,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 21-22.1 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. 21-22.1. Sale, offer for sale, purchase with intent to sell and public display for sale prohibited of synthetic stimulant bath salts, synthetic cathinones, synthetic amphetamines and other synthetic stimulants that mimic illegal drugs
a. Purpose and intent. The Miami-Dade County Board of County Commissioners finds and declares that the products and synthetic substances described hereunder are commonly used as alternatives to amphetamines, cocaine, ecstasy and other illegal drugs. The Board further finds that these synthetic substances are particularly appealing to youth, and that these synthetic substances are potentially dangerous to users in the short term and the long term effects are not yet known. The Board finds that the products which contain these synthetic substances often use a disclaimer that the product is "not for human consumption" to avoid regulations that require the manufacturer to list the product's active ingredients. The Board finds that drug designers and chemists can quickly create new synthetic drugs once federal or state law makes a particular synthetic drug illegal. As such, the Board finds there is a need to declare illegal the sale, offer for sale, purchase with intent to sell and public display for sale of synthetic substances that mimic illegal controlled substances, even though such synthetic substances have not yet themselves been categorized as illegal controlled substances under federal or state law. The Board further finds that it is proper and necessary for the Board to exercise its authority to safeguard and protect the public health, safety and welfare by taking this action.
b. Application. This section shall be applicable in the incorporated and unincorporated areas of Miami-Dade County, with the enforcement of the provision of this section in the unincorporated area being the responsibility of Miami-Dade County and in the incorporated area being the responsibility of the respective municipalities.
c. Preemption. This section shall not preempt any municipal ordinance governing this subject area that is more stringent than this ordinance or that declares illegal a substance that is not declared illegal by this ordinance.
d. Definitions. For purposes of this section, the following terms apply:
1. "Structurally similar" as used in this section shall mean chemical substitutions off a common chemical backbone associated with cathinone, methcathinone, amphetamine, methamphetamine, cocaine, 3, 4-methylenedioxymethamphetamine (MDMA), 3,4-methylenedioxymethcathinone, 3,4-methylenedioxypyrovalerone (MDPV), methylmethcathinone, methoxymethcathinone, methoxymethcathinone, fluoromethcathinone, BZP (benzylpiperazine), fluorophenylpiperazine, methylphenylpiperazine, chlorophenylpiperazine, methoxyphenylpiperazine, DBZP (1,4-dibenzylpiperazine), TFMPP (3-Trifluoromethylphenylpiperazine), MBDB (Methylbenzodioxolylbutanamine), 5-Hydroxy-alpha-methyltryptamine, 5-Hydroxy-N-methyltryptamine, 5-Methoxy-N-methyl-N-isopropyltryptamine, 5-Methoxy-alpha-methyltryptamine, methyltryptamine, 5-Methoxy-N,N-dimethyltryptamine, 5-Methyl-N,N-dimethyltryptamine, Tyramine (4-Hydroxyphenethylamine), 5-Methoxy-N,N-Diisopropyltryptamine, DiPT (N,N-Diisopropyltryptamine), DPT (N,N-Dipropyltryptamine), 4-Hydroxy-N,N-diisopropyltryptamine, N,N-Diallyl-5-Methoxytryptamine, DOI (4-Iodo-2,5-dimethoxyamphetamine), DOC (4-Chloro-2,5-dimethoxyamphetamine), 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine), 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine), 2C-C (4-Chloro-2,5 dimethoxyphenethylamine), 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine), 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine), 2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine), 2C-I (4-Iodo-2,5-dimethoxyphenethylamine), Butylone (beta-keto-N-methylbenzodioxolylpropylamine), Ethcathinone, Ethylone (3,4-methylenedioxy-N-ethylcathinone), Naphyrone (naphthylpyrovalerone), N-N-Dimethyl-3,4-methylenedioxycathinone, N-N-Diethyl-3,4-methylenedioxycathinone, 3,4-methylenedioxy-propiophenone, 2-Bromo-3,4-Methylenedioxypropiophenone, 3,4-methylenedioxy-propiophenone-2-oxime, N-Acetyl-3,4-methylenedioxycathinone, N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone, N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone, Bromomethcathinone, Buphedrone (alpha-methylamino-butyrophenone), Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine), Dimethylcathinone, Dimethylmethcathinone, Pentylone (beta-Keto-Methylbenzodioxolylpentanamine), (MDPPP) 3,4-Methylenedioxy-alpha-164 pyrrolidinopropiophenone, (MDPBP) 3,4-Methylenedioxy-alpha-166 pyrrolidinobutiophenone, Methoxy-alpha-pyrrolidinopropiophenone (MOPPP), Methyl-alpha-pyrrolidinohexiophenone (MPHP), Benocyclidine (BCP), benzothiophenylcyclohexylpiperidine (BTCP), Fluoromethylaminobutyrophenone (F-MABP), Methoxypyrrolidinobutyrophenone (MeO-PBP), Ethyl-pyrrolidinobutyrophenone (Et-PBP), 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT), Methylethylaminobutyrophenone (Me-EABP), Methylamino-butyrophenone (MABP), Pyrrolidinopropiophenone (PPP), Pyrrolidinobutiophenone (PBP), Pyrrolidinovalerophenone (PVP), Methyl-alpha-pyrrolidinopropiophenone (MPPP), HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-208 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-209 ol), HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-211 methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-212 enyl] methanol), HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1- 214 methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-215 1,4-dione), CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1-217 yl)methanone), CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)-219 undecanamide), CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)-221 undecanamide), CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-223 hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol), AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2-225 iodophenyl)methanone), AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-227 (naphthalen-1-yl)methanone), RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3-229 yl)methanone), RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-231 methoxyphenylethanone), WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-233 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-234 naphthalenylmethanone), WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4-236 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-237 naphthalenylmethanone), or related salts, isomers, and salts of isomers, listed in the controlled substance schedules in chapter 893, Florida Statutes, as amended, or otherwise prohibited by federal or state law.
2. “Synthetic stimulant bath salts” as used in this section shall mean any substance, whether in powder, crystal, liquid, tablet or capsule form, containing a synthetic stimulant as defined herein or to which a synthetic stimulant has been added or applied, that can be ingested by smoking, inhaling or other method, regardless of whether the substance is marketed as not for the purpose of human consumption, and regardless of how the substance is labeled, including but not limited to bath salts, insect repellant, plant food, herbs, incense, iPod cleaner, nutrient, dietary supplement or spice.
3. “Synthetic stimulant” as used in this section shall mean any chemical or mixture of chemicals, however packaged, that has a stimulant effect on the central nervous system and is structurally similar to synthetic cathinone, synthetic methcathinone, synthetic amphetamine, synthetic cocaine, synthetic MDMA or other substances listed in paragraph (1.) above, or related salts, isomers, and salts of isomers, as listed in the controlled substance schedules in chapter 893, Florida Statutes, or otherwise prohibited by federal or state law. “Synthetic stimulant” shall also include any chemical or mixture of chemicals, however packaged, that mimics the pharmacological effects of synthetic cathinone, methcathinone, amphetamine, cocaine, MDMA or any other substance listed in paragraph (1.) above, or related salts, isomers, and salts of isomers. Packaging that indicates, suggests or implies that a product mimics the pharmacological effects of cathinone, methcathinone, amphetamines, cocaine, ecstasy or any other substance listed in paragraph (1.) above, shall create a presumption that the product mimics the effects of the substance. “Synthetic stimulant” shall not include any substance currently listed in the controlled substance schedules in chapter 893, Florida Statutes, or otherwise prohibited by federal or state law, as such may be amended from time to time.
e. Sale, offer for sale and purchase with intent to sell synthetic stimulant bath salts and synthetic stimulants prohibited. It shall be unlawful for any store owner, store manager, store purchasing agent or other person to sell, offer for sale or purchase with intent to sell any synthetic stimulant bath salts as defined herein or any synthetic stimulants as defined herein.
f. Public display for sale of synthetic stimulant bath salts and synthetic stimulants prohibited. It shall be unlawful for any store owner, store manager, store purchasing agent or other person to publicly display for sale any synthetic stimulant bath salts as defined herein or any synthetic stimulants as defined herein.
g. Affirmative defense. It shall be an affirmative defense to prosecution of a violation of this section if the sale, offer for sale, purchase with intent to sell or public display for sale of synthetic stimulant bath salts as defined herein or synthetic stimulants as defined herein is pursuant to the direction or prescription of a licensed physician or dentist authorized in the State of Florida to direct or prescribe such act.
h. Seizure and destruction of synthetic stimulant bath salts and synthetic stimulants. Synthetic stimulant bath salts and synthetic stimulants prohibited herein may be seized by law enforcement officers and may be destroyed in the same manner used to destroy narcotics and contraband substances, after its use for evidentiary purposes in any judicial proceeding is no longer required.
i. Injunctive relief. Miami-Dade County shall have the authority to seek an injunction against any person or business violating the provisions of this section. In any action seeking an injunction, Miami-Dade County shall be entitled to collect its enforcement expenses, including forensic costs, law enforcement costs and reasonable attorney fees and costs incurred at the trial level and on appeal.
j. Subsequent federal or state action. If Congress or a federal agency amends federal law to include a particular substance or otherwise enacts or amends a federal law providing for criminal penalties for the prohibitions of substances set forth in this ordinance, then upon the effective date of such enactment or amendment, the provisions of this ordinance addressed by federal law shall no longer be deemed effective. Any violations of this ordinance committed prior to Congress or a federal agency enacting a federal law may be prosecuted.
If the Florida Legislature amends the controlled substance schedules in section 893.01, Florida Statutes, to include a particular substance or otherwise enacts, or amends a state statute providing for criminal penalties for the prohibitions of substances set forth in this ordinance, then upon the effective date of such enactment or amendment, the provisions of this ordinance addressed by the state statute shall no longer be deemed effective.
If the Florida Attorney General pursuant to the rulemaking authority provided in Chapter 893 adds a particular substance to the controlled substance schedules in section 893.01, Florida Statutes, then upon the effective date of such enactment or amendment, the provisions of this ordinance addressed by the state statute shall no longer be deemed effective.
Any violations of this ordinance committed prior to the Florida Legislature enacting such a statute or the Florida Attorney General promulgating rules may be prosecuted.
k. Penalty. Any store owner, store manager, store purchasing agent or other person violating any provision of this section shall be punishable by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed sixty (60) days in the County jail, or by both such fine and imprisonment.
Section 2. Section 8CC-10 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 8CC-10. Schedule of civil penalties.
The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended.
* * *
Code Section Description of Violation Civil Penalty
* * *
>>21-22.1 Sale, offer for sale, purchase $500.00
with intent to sell or public
display for sale of synthetic
stimulant bath salts
or synthetic stimulants<<
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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