§ 17-10-020. Purpose and intent.

(a)

A product commonly referred to as "spice" is sold by local businesses. Spice typically appears as a packaged dried plant product or leaves, and is sold at gas stations, liquor stores, convenience stores, smoke shops and other outlets. While spice sometimes has a label warning against human consumption, that is its intended use. Businesses that sell spice openly solicit the product by claiming that, when smoked, spice causes a marijuana-like high. Spice is a green leafy product sprayed with synthetic substances that mimic the effects of marijuana when smoked. Spice is marketed under numerous brand names, including Spice, Spice Silver, Spice Gold, Spice Diamond, Spice Tropical Synergy, Spice Arctic Synergy, Spice Gold Spirit, PEP Spice, PEPpourri, K2, Genie, Yucatan Fire, Dream, Ex-ses, Blaze, Spike 99, Spark, Fusion, Magma, Hard Core, and Deliverance, as well as other names.

(b)

Distribution of spice and spice like products is a violation of state law. However, the manufacturers and vendors of spice products change the names, labeling, or chemical composition of the products to avoid prosecution. Consumers, including minors, quickly learn the name of the new mock substance by word of mouth or on the internet. Businesses that distribute spice create a public nuisance in the city as defined by state law and city ordinances.

(c)

While spice and natural marijuana act on the body's natural cannabinoid receptors, spice is not marijuana. Research and anecdotal reports show that spice produces dangerous symptoms not normally associated with marijuana. Spice may be combined with other toxic substances. Emergency room physicians report that users of these products experience serious side effects, including convulsions, anxiety, dangerously elevated heart rates, increased blood pressure, vomiting, and disorientation. According to February 8, 2012 data from the American Association of Poison Control Centers, in one (1) year there has been a greater than two-fold increase in the number of calls about exposure to spice.

(d)

Field testing technology is inadequate in many cases and the products being sold to the public have to be seized from the vendor and lab tested. Lab testing is costly and time consuming. If a particular brand name product is determined to be an illegal substance, that substance will often be repackaged or relabeled by the time the police return to the business. This subterfuge wastes police resources and further endangers the public.

(e)

Spice and spice-like products tend to avoid drug testing methods used to determine whether a person has consumed a controlled substance. Some of the most dangerous consumers, those prohibited from consumption of illicit drugs or alcohol by court orders or terms of probation, gravitate toward spice because it is difficult to detect or undetectable.

(g)

Spice and spice-like products endanger the health and safety of the community. This article is a remedial ordinance promulgated pursuant to the city's home rule authority.

(Ord. No. 1422, § 1, 8-14-12)