§ 9.68.010. Findings.

The board of supervisors finds that:

A.

Recreational use of psychoactive bath salts, psychoactive herbal incense, and similar products, commonly known as "synthetic drugs," has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, seizures, rapid heart rate, and death. While state and federal laws and regulations prohibit some synthetic drugs, the makers of these drugs continually alter the composition of the compounds in their products so as to escape the scope of those laws and regulations. The purpose and intent of this chapter is to provide the county with the means to address the dangers to the community posed by synthetic drugs that are not regulated by state or federal law.

B.

Synthetic drugs are extremely dangerous and are gaining popularity at an alarming rate among high school and college-aged individuals, as well as among the homeless, parolees and probationers. These drugs are available for purchase in stores and shops throughout the county, despite the state's attempt to ban such drugs under Health & Safety Code sections 11375.5 (banning synthetic stimulant compounds and derivatives) and 11401 (banning "analogs" of controlled substances) (collectively "state synthetic drug laws"), and the federal government's attempt to ban such drugs under the Controlled Substances Act (the "CSA") (21 U.S.C. § 81 et seq.). The board of supervisors further finds that synthetic drugs, which have been documented to cause hallucinations, agitations, psychosis, aggression, suicidal and homicidal ideations, seizures, rapid heart rate, and death, require regulation.

C.

While the state synthetic drug laws and the CSA prohibit certain compounds that are used to create synthetic drugs, those laws are not comprehensive enough to eliminate the distribution and sale of all synthetic drugs. Specifically, the board of supervisors finds that the makers of synthetic drugs continually alter the composition of the compounds in their products so as to not come under the prohibition of the state synthetic drugs laws, the CSA, and other laws and regulations that attempt to prohibit the sale of synthetic drugs. In fact, products that plainly are being marketed for use as synthetic drugs are now being packaged with advertisements stating that the product does not contain compounds specifically banned by the state synthetic drug laws. Thus, the board of supervisors finds that in order to implement an effective measure prohibiting the distribution and sale of synthetic drugs, it is necessary to look at all factors related to the sales and marketing of synthetic drugs. These factors will help county officials determine whether a product that does not come under the purview of state synthetic drug laws or the CSA, is nevertheless a synthetic drug because it is intended for recreational drug use.

D.

While the question of whether a given product is being distributed or sold for use as a recreational drug must be determined on a case-by-case basis, the board of supervisors finds that the following evidentiary factors are helpful in determining whether a given product is in fact a synthetic drug:

1.

Marketing. Synthetic drugs are rarely, if ever, suitable for their marketed uses. For example, a synthetic drug in the form of a powder might be marketed as a "glass cleaner," even though the powder cannot reasonably be used to clean glass.

2.

Sales Location. Synthetic drugs are typically sold in liquor stores, smoke shops, and gas stations, yet synthetic drugs are marketed as products that are not typically sold by these businesses. For example, synthetic drugs are often marketed as bath salts, spice, incense, potpourri, skin treatments, cleaning products and plant food; however, these types of products are typically not sold in liquor stores, smoke shops, or gas stations.

3.

Warning Labels. Synthetic drugs often use warning labels such as: "not for human consumption" and "not for purchase by minors." Bona fide bath salts, incense, cleaning products, and the like do not typically bear such labels. Of particular relevance are labels that indicate a given product does not contain chemical compounds banned by state synthetic drug laws, which bona fide bath salts, incense, cleaning products, and the like would not have any reason to advertise.

4.

Price. Synthetic drugs are typically more expensive than products that are used for the synthetic drug's marketed use. For example, a synthetic drug marketed as "glass cleaner" might be priced at fifty dollars ($50.00) for an eighth of an ounce, while bona fide glass cleaner is priced at approximately five dollars ($5.00) for 26 ounces.

5.

Similarity to Illicit Street Drugs. Synthetic drugs often resemble illicit street drugs or use brand names and packaging that are designed to make the product appear similar to illicit drugs. For example, many synthetic drugs are sold as white powders packaged in vials (resembling cocaine) or dyed green to appear similar to marijuana. Additionally, brand names are often similar to street slang for illicit drugs and have no relation to the products that are purportedly being sold. These brand names are always changing, but include "Eight Ballz," "Spice," "Black Mamba," "K-2," "Puff," "Sugar Sticks," "Green Buddha," "Diablo Botanical Incense," "Scooby Snax," "Potpourri," "Grape Ape Herbal Incense," "Three Monkey Incense," "Mr. and Mrs. Marley," "Cloud 9 Incense," and a group of synthetic drugs marketed as from "The Spice Guy."

E.

The penalties in this chapter are an effective way to prevent and abate the health, safety, and welfare concerns that exist as a result of the marketing, distribution, and sale of synthetic drugs in manners that brazenly seek to circumvent state and federal law.

(Ord. No. 932, § 1, 10-25-2016)