[Adopted 6-12-2012 by Ord. No. 314]
A.Â
The Village finds that synthetic marijuana, consisting of plant or
other material treated with chemicals or other substances that have
not been approved for human consumption, is being marketed and sold
as herbal incense and is being used in the same manner and for the
same purposes as marijuana, with that use having become increasingly
popular, particularly among teens and young adults.
B.Â
The Village further finds based on information and reports from poison
control centers, hospitals, emergency room doctors, and police agencies,
that individuals who use synthetic marijuana experience dangerous
side effects including convulsions, tremors, seizures, hallucinations,
unconsciousness, anxiety attacks, dangerously elevated heart rates,
increased blood pressure, vomiting, and disorientation, evidencing
that these herbal incense products are harmful if consumed and present
an imminent and significant public health danger to persons consuming
such products and other persons coming in contact with them.
C.Â
The Village further finds that, notwithstanding the high potential
for abuse, and lack of any accepted medical use, the ability of the
state to prohibit all forms of synthetic marijuana as a controlled
substance has been frustrated due to the changing nature of the chemicals
used in the manufacturing process.
D.Â
The Village further finds that in addition to synthetic marijuana,
there may be other products or materials containing chemicals or substances,
that while not approved for human consumption, are or may be marketed
and sold in a form that allows for such consumption and which, upon
consumption, may result in the same serious side effects and public
health dangers as synthetic marijuana.
E.Â
Based on these findings, this article is adopted for the purpose
and with the intent to protect the public health and safety of the
Village and its residents from the threat posed by the availability
and use of synthetic marijuana and other dangerous products by prohibiting
persons from trafficking in, possessing, and using them in the Village.
As used in this article, the following words and phrases have
the meanings indicated.
The controlled substances provisions in Article 7 of the
Public Health Code, Public Act No. 368 of 1978, MCLA §§ 333.7101
to MCL 333.7545, as amended, which is hereby adopted by reference
as a part of this article.
Any chemical or organic compound, substance, or agent that
is not made, intended and approved for consumption by humans.
A product or material, that regardless of packaging disclaimers
or disclosures that it is not for human consumption or use, is in
a form that readily allows for human consumption by inhalation, ingestion,
injection, or application, through means including but not limited
to smoking, or ingestion by mouth with or without mixing with food
or drink.
A substance included as a controlled substance in Schedules
1 through 5 of the Act or a substance temporarily scheduled or rescheduled
as a controlled substance as provided in the Act.
Has the same meaning as defined in the Act, which is a substance,
the chemical structure of which is substantially similar to that of
a controlled substance in Schedules 1 and 2 of the Act.
A consumable product or material containing a dangerous substance.
A chemical agent that under Section 2451 of the Act, MCLA § 333.2451,
has been determined by the local health officer to be or present an
imminent danger to the health or lives of humans when present in a
consumable product or material; and
A chemical agent in a consumable product or material unless
that chemical agent is conspicuously identified and described in writing
on the packaging of the product, and has not been previously determined
by the Village or other governmental authority to be or present an
imminent danger to the health or lives of humans when present in that
type of consumable product or material.
A chemical compound, substance or agent identified in the
Synthetic Cannabinoid Appendix that is part of this article,[1] as amended from time to time by resolution of the Village
Council.
A consumable product or material that contains a synthetic
cannabinoid or other dangerous substance, which on the date this article
was added to the Code, included herb and herbal incense products marketed
and most commonly known as "K-2" and "Spice."
To manufacture, distribute, dispense, sell, transfer, or
possess with intent to manufacture, distribute, dispense, sell, or
transfer.
To dispose of a controlled substance to another person without
consideration and not in furtherance of commercial distribution.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
It shall be unlawful for any person to traffic, or knowingly
allow trafficking on property owned or controlled by that person,
in any of the following:
It shall be unlawful for any person to possess or use, or knowingly
allow the possession and use on property owned or controlled by that
person, of any of the following:
In recognition that the presence of a controlled substance,
controlled substance analogue, synthetic cannabinoid, or dangerous
substance in a consumable product or material may require laboratory
testing that cannot be done at the time a violation of this article
is believed to have occurred, for purposes of determining the existence
of probable cause, it shall be presumed that a consumable product
or material contains one or more of those substances if it is being
or has been marketed or sold for a price that is substantially higher
than the price at which the same quantity of a similar and comparable
product or material that is known to not contain such substances can
be purchased.
[Amended 1-13-2015 by Ord. No. 333]
The sanction for a violation of this article shall be punishable as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.
