Staff
FRIENDSWOOD CITY COUNCIL AGENDA ITEM FORM
This form must be completed and distributed a minimum of two weeks prior to the first date that the item is expected
to be placed on the Friendswood City Council agenda.
Date requested for City Council consideration: March 21, 2011
Date Submitted: February 18, 2011
Dept. Clearances: RBW
Prepared by: Lisa Price
Subject: Illegal Smoking Products (K2) Ordinance
Originating Department: Police Department
Proceeding: Ordinances
Degree of importance:
Significant
Critical
Elective
Expenditure Required: Amount Budgeted: Appropriation Required: RCR
Source of Funds: Roger C. Roecker
FINANCE APPROVAL: SUMMARY / ORIGINATING CAUSE
Synthetic marijuana is currently legal in Texas and can be found available for purchase at smoke shops, gas station convenience stores and liquor stores. It is marketed as an incense to be burned, like potpourri, and its package clearly states that it is not for human consumption. A gram of synthetic marijuana typically sells for $20 to $50, which is comparable to prices for high‐grade “hydro” marijuana. No law exists to prohibit it and nothing regulates it. It is not sold as a tobacco product, so the age limit for buying or using tobacco products does not apply. What is synthetic marijuana? It is a smokeable blend of herbs and spices sprayed with synthetic chemicals which resemble those found in marijuana. It comes in many varieties with names such as: K2, Spice, Blonde, Summit, Standard, and Citron. Current Legislation Synthetic marijuana is already outlawed in most European countries, but the key ingredients are not currently regulated in the United States. Legislation adding THC homologues to the list of Schedule I controlled substances has been passed in Missouri, Alabama, Georgia, Illinois, Kansas, Kentucky, Louisiana, Mississippi, Tennessee and Michigan, and pending legislation exists in New Jersey, New York, Ohio and Pennsylvania. Additionally, the four main branches of the United States Armed Forces have banned soldiers from using the drug. Proposed Federal legislation On November 24, 2010, the Drug Enforcement Agency announced an emergency ban on five targeted chemical THC homologues identified as JWH‐018, JWH‐073, JWH‐200, CP‐47, 497 and cannabicyclohexanol. The emergency ban will be in effect for a year during which federal agents will study the products to determine if they should be permanently controlled. However, this prohibition does not address local law enforcement concerns. It is designed to target individuals that supply or traffic the synthetic products. Proposed Texas legislation On November 8, 2010, Representative Aaron Pena filed HB 49, relating to the addition of certain synthetic derivatives of marijuana to Penalty Group 2 of the Texas Controlled Substances Act; however, if this legislation is successful, it will not take effect until September 1, 2011. City legislation Texas cities that have already imposed bans on synthetic marijuana include: Allen, Alvin, Bedford, Breckenridge, Bullard, Cedar Park, Cleburne, Commerce, Conroe, Corinth, Dallas, Denton, Dickinson, Duncanville, Eastland, Early, Ennis, Euless, Farmersville, Flower Mound, Frisco, Gainsville, Gladewater, Graham, Greenville, Haslet, Irving, Jasper, Justin, Kilgore, Lacy Lakeview, Lake Jackson, Longview, Mansfield, McKinney, Mesquite, Mineral Wells, Overton, Pearland, Plano, Port Arthur, Roanoke, Rusk, Sachse, San Angelo, Santa Fe, Sulphur Springs, Sweetwater, Troup, Tyler, Van Alstyne, Watauga, Whitehouse, White Oak, Wylie, Yoakum. IMMINENT CONSEQUENCES / BENEFIT TO COMMUNITY
Recent Cases In November 2010, a female was transported to the emergency room from a home in the City of Friendswood; she was unresponsive at the time and died several days later. While synthetic marijuana is not listed as the cause of death, the substance was found all over the house. Also in November 2010, a man driving a motorcycle was involved in a fatal accident on W. Bay Area Blvd. Synthetic marijuana was found on the driver. A local mom reported that her son was smoking synthetic marijuana and passing his court‐ordered urinalysis tests. She told officers that when her son smoked the substance he became paranoid, delusional and sometimes combative and violent causing him to tear up the house. In December, a man was arrested for a traffic violation when Friendswood officers found him wasted and unable to safely operate his motor vehicle. He admitted to being under the influence of synthetic marijuana and produced the empty packaging. The driver did not have normal use of his mental or physical faculties. Currently, a Pearland case is being presented to the Brazoria County Grand Jury involving a mother who provided her child and a friend with synthetic marijuana. Both juveniles were transported to the hospital. In Dallas, a pediatric cardiologist at Southwestern Medical Center has treated three teenagers for heart attacks caused by synthetic marijuana. They came to the emergency room with heart palpitations, chest pain, and shortness of breath. A man in Denton reported that his 17‐year old girlfriend was freaking out. She was lying on the floor in a daze, shaking and gasping for breath. The pair had purchased K2 mixed with Spike at a downtown smoke shop. In July, an Iowa teen shot himself to death when he suffered a panic attack after smoking K2. RECOMMENDATIONS
Anytime someone puts something in their body, which on the package says “not for human consumption,” there are going to be issues. It’s toxic! The Police Department is very concerned about the use of synthetic marijuana in the community. We want to take a proactive stance on this and we don’t want to see young people being harmed or dying from this. We are also very concerned about the image of our community. Officers are hearing that people from other cities are coming here to buy it. We recommend approval of this ordinance to prohibit the sale, possession, delivery and distribution of synthetic marijuana in Friendswood now, as it could be another 9 months before any state laws against synthetic marijuana are enacted. ATTACHMENTS
Ordinance
Contact the City Manager’s Office when agenda packet information is ready to be reviewed.