Title
An Ordinance to Create 6.07 Banning Synthetic Marijuana.
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Section 6.07 of the Revised Municipal Code of the City of West Allis is hereby created to read:
6.07 BANNING SYNTHETIC MARIJUANA.
(1) Declaration of intent.
(a) Whereas, The open sale of synthetic marijuana - commonly known as "K-2", "Spice", or by other street names at convenience stores and other retailers, and the public consumption and use of so-called incense products and herbal potpourris is on the rise; and
(b) Whereas, These synthetic marijuana products - which sell for as much as $40 a gram - are believed to be potpourri-like blends of herbs and marijuana-derivatives formulated in research labs as scientists study their possible therapeutic use (e.g., pain management for cancer patients) and promise users an intoxicating, "legal" high every bit as intense as natural marijuana that will not show up on employer drug screens; and
(c) Whereas, The marijuana derivatives used in these synthetic marijuana products have yet to be tested by the FDA and certified as safe for human consumption, and because they are sold as incense or potpourri there is no health or quality assurance regulation to ensure these products are safe; and
(d) Whereas, Some scientific articles indicate synthetic marijuana may be between 3 and 100 times more potent than natural marijuana with longer duration; and
(e) Whereas, The American Association of Poison Control Centers reports 1,503 synthetic marijuana related calls through September 27, 2010, up from only 13 in 2009: and
(f) Whereas, The National Drug Intelligence Center of the U.S. Department of Justice indicates the adverse effects of synthetic marijuana, when smoked, include panic attacks, anxiety, elevated pulse and blood pressure, numbness, tingling, intense hallucinations, vomiting, and in some cases, seizures; and
(g) Whereas, Users of these synthetic marijuana potpourri products often present in emergency rooms in highly anxious and agitated states requiring repeated doses of sedatives not typically associated with either marijuana or synthetic marijuana use, suggesting these products may be contaminated by unknown harmful chemicals; and
(h) Whereas, The death by suicide of an Iowa teenager has been linked by some to synthetic marijuana use, although the cause is still under investigation; and
(i) Whereas, a 28-year-old mother in Indiana passed away after smoking a lethal dose of K2, and a 19-year-old Texas man died after smoking K2; and
(j) Whereas, a 19-year-old Waukesha man, while under the influence of K2, drove on a highway in the wrong direction, led police on a high-speed chase, and was fatally injured when he crashed into a tow truck; and
(k) Whereas, a 25-year-old Wisconsin man suffered hallucinations, panic attacks, and agitation after taking K2 and required a three-month stay in the hospital due to the drug's side effects; and
(1) Whereas, The risk to the health, safety and welfare of West Allis residents from using synthetic marijuana is of deep concern; now, therefore it is determined that it is in the best interest of the health, safety and welfare of the community to establish reasonable regulations for the possession of synthetic marijuana, and to such purpose this section is hereby enacted.
(2) Possession, Sale, and Use Prohibited. No person or entity shall possess, purchase, display for sale, attempt to sell, give, barter or use any chemical derivative of marijuana or any other substance designed to mimic the physical, psychological, intoxicating, narcotic, or other effects of marijuana.
(3) Medical and Dental Use Exception. Acts prohibited under (2) shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided such use is permitted under state and federal laws.
(4) Penalties. Any person or entity violating Subsection (2) of this ordinance shall be required to forfeit not less than two hundred dollars ($200) nor more than one thousand dollars ($1000). Any person or entity who violates Subsection (2) by offering synthetic marijuana for sale, displaying it for sale, or selling it shall be required to forfeit not less than four hundred dollars ($400) nor more than two thousand dollars ($2000). The person or entity shall be required to pay the costs of prosecution. In default of payment thereof, the person shall be imprisoned in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Section 800.095(4) of the Wisconsin Statutes. Each and every day that an offense continues constitutes a separate offense.
(5) Severability. If any part of this section is found to be unconstitutional or otherwise invalid, the validity of the remaining parts shall not be affected. \par PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ATTO-CreateSect6.07BanningSyntheticMarijuana