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File #: 100625    Version:
Type: Ordinance Status: Passed
File created: 9/21/2010 In control: LICENSES COMMITTEE
On agenda: Final action: 10/12/2010
Effective date: 10/29/2010    
Title: A substitute ordinance prohibiting the possession, sale and use of synthetic marijuana.
Sponsors: ALD. DONOVAN, ALD. HINES JR., ALD. MURPHY, ALD. COGGS, ALD. DAVIS, ALD. PUENTE
Indexes: DRUG EDUCATION, SOCIAL CONCERNS
Attachments: 1. Eau Claire Health Department Memo, 2. U S Justice Dept Bulletin, 3. Letter from Atomic Glass in Opposition, 4. Hearing Notice List, 5. Notice Publsihed on 10-28-10
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/28/20101 CITY CLERK PUBLISHED   Action details Meeting details Not available
10/21/20101 MAYOR SIGNED   Action details Meeting details Not available
10/12/20101 COMMON COUNCIL ASSIGNED TOFail2:13 Action details Meeting details Not available
10/12/20101 COMMON COUNCIL PASSEDPass14:1 Action details Meeting details Not available
9/30/20101 PUBLIC SAFETY COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Individuals present: Captain Anthony Smith - Police Dept. Sgt. Kristin Restra - Police Dept. Dr. Paul Hunter - Health Dept. Bonnie Davo - mother of victim who died as a result of smoking synthetic marijuana Ald. Murphy Raquel Filmanowicz - Health Dept. Ald. Davis and Ald. Puente added as co-sponsors during the committee meeting.
Pass4:0 Action details Meeting details Not available
9/29/20101 CITY CLERK Sponsor added

Minutes note: Ald. Coggs added as sponsor on 9/28/10 at the request of Aaron Cadle, LRB - LME
   Action details Meeting details Not available
9/28/20101 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
9/23/20100 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/23/20100 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/23/20100 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/21/20100 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

100625

 

Version

Substitute 1

 

Reference

 

Sponsor

ALD. Donovan, HINES, MURPHY, COGGS, DAVIS AND PUENTE

 

Title

A substitute ordinance prohibiting the possession, sale and use of synthetic marijuana.

 

Sections

105-50                     cr

 

Analysis

This ordinance prohibits the possession, sale and use of synthetic marijuana.

 

Body

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

 

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 good as natural marijuana that will not show up on employer drug screens; and

 

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

 

Whereas, Some scientific articles indicate synthetic marijuana may be between 3 and 100 time more potent than natural marijuana with longer duration; and

 

Whereas, The American Association of Poison Control Centers reports 567 synthetic marijuana related calls in the first 6 months of 2010, up from only 13 in 2009: and

 

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, elevated pulse and blood pressure, intense hallucinations, and in some cases, seizures; and

 

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

 

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

 

Whereas, The risk to the health, safety and welfare of Milwaukee residents from using synthetic marijuana is of deep concern; now, therefore

 

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1. Section 105-50 of the code is created to read:

105-50. Synthetic Marijuana 1. POSSESSION, SALE AND USE PROHIBITED. No person shall possess, purchase, display for sale, attempt to sell, 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.

2. MEDICAL AND DENTAL USE ALLOWED. Acts prohibited under sub. 1 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 use is permitted under state and federal laws.

3. PENALTIES. Persons violating this section shall be subject to a forfeiture of not less than $100 nor more than $500 together with the cost of prosecution, and upon default shall be imprisoned in the county jail or house of correction for a period not to exceed 40 days, or until the forfeiture costs are paid.

 

LRB

APPROVED AS TO FORM

 

 

 

____________________________

Legislative Reference Bureau

Date:  ______________________

 

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

 

____________________________

Office of the City Attorney

Date:  ______________________

 

Requestor

 

Drafter

121801-1

ANC

09/27/10

 

Technical changes made 9/30/10 - LME