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Home My WebLink About10-349OCTOBER 26, 2010 NOVEMBER 9, 2010 10 -337 10 -349 ORDINANCE FIRST READING SECOND READING (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: PROHIBITING POSSESSION, USE & SALE OF K2 / SYNTHETIC CANNABINOIDS INITIATED BY: OSHKOSH POLICE DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 17 -1.2 PERTAINING TO SYNTHETIC CANNABINOIDS PROHIBITED WHEREAS, herbal preparations powdered or sprayed with a chemical synthetic cannabinoid are available for sale within the City of Oshkosh that claim to produce intoxicating effects similar to THC or marijuana; and, WHEREAS, these substances are not yet categorized as illegal controlled substances under Wisconsin or federal law; and WHEREAS, several other countries, states, and municipalities have already taken action to prohibit these substances due to increased overdoses and other negative health concerns; and, WHEREAS, while these synthetic cannabinoid substances are often marketed as benign and legal alternatives to marijuana, they are potentially dangerous to users as the substances can create potency equal to or greater than marijuana, produce severe adverse health conditions such as hallucinations, paranoia, seizures, and vomiting based on reported emergency room experiences in areas of the country where use is more prevalent, and WHEREAS, the potential long term health effects of use of these substances are not yet known; and, WHEREAS, Poison Centers nationwide have reported more than 350 cases of people sickened by the K2 /Spice in 35 states. Patients who have smoked the substance have complained of hallucinations, paranoia, severe agitation, elevated heart rates, vomiting, seizures, and dangerously high blood pressure; and, WHEREAS, the Drug Enforcement Administration has determined that K2 / Spice HU -210, CP 47,497 and homologues, JWH -018, JWH -073 and JWH -250 do not have an approved medical use in the United States and are presently listed as "drugs of concern" by the Federal Drug Enforcement; and, OCTOBER 26, 2010 NOVEMBER 9, 2010 10 -337 10 -349 ORDINANCE FIRST READING SECOND READING WHEREAS, the drugs in K2 / Spice HU -210, CP 47,497 and homologues, JWH - 018, JWH -073 JWH -250 have also been placed under regulatory controls in Australia, Austria, Chile, Finland, France, Germany, Ireland, Japan, Latvia, Poland, Romania, Russia, Slovak Republic, South Korea, Sweden, Switzerland and United Kingdom due to its potential for abuse; and, WHEREAS, presently eleven states have enacted or introduced legislation placing regulatory controls on the drugs in K2 / Spice HU -210, CP 47,497 and homologues, JWH - 018,JWH -073 JWH -250 to the hallucinogenic properties; and, WHEREAS, the City of Oshkosh and the University of Wisconsin — Oshkosh have reported several incidents related to the ingestion of these substances which were purchased in the City of Oshkosh; WHEREAS, it has been determined that the effects of these substances are a health, safety, and welfare concern to the citizens of the City of Oshkosh; The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 17 -1.2 of the Oshkosh Municipal Code pertaining to the Synthetic Cannabinoids Prohibited is hereby repealed and recreated to read as follows: SECTION 17 -1.2. SYNTHETIC CANNABINOIDS PROHIBITED (a) Possession, use, and sale are illegal. It shall be illegal for any person to use, possess, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following chemicals whether under the common street or trade names of "Spice ", "K2 ", "Genie ", "Yucatan Fire ", "fake" or "new" marijuana, or by any other name, label, or description: (1) (6aR, 10aR) -9- (hydroxymethyl) -6, 6dimethyl- 3- (2methyloctan- 2- yl) -6a, 7,10, 10a- tetrahydrobenzo[c]chromen -1 -01 some trade or other names: HU -210; (2) 1 -Pentyl-3-(1 -naphthoyl) indole -some trade or other names: JWH -018; (3) 1- Butyl -3 -(1 naphthoyl) indole -some trade or other names: JWH -073; (4) 2 -[(1 R,3S)- 3- hydroxycyclohexyl] - 5- (2- methyloctan -2- yl)phenol some trade or other names: CP 47,497 and homologues (5) or any similar structural analogs. OCTOBER 26, 2010 NOVEMBER 9, 2010 10 -337 10 -349 ORDINANCE FIRST READING SECOND READING (b) Medical ordental use allowed. Acts otherwise prohibited under this section 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 that such use is permitted under state and federal laws. (c) Severability. In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made. SECTION 2. That Section 17 -1.2 be added to the listed offenses for Penalty Section 17 -46(F) for adults and Section 17 -47(J) for juveniles. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #10 -349 SYNTHETIC CANNABINOIDS PROHIBITED, on November 9, 2010. The ordinance prohibits the possession, sale and use of synthetic cannabinoids. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone 920/236-5011. TO: FROM: DATE: RE: 420 Jackson Street Oshkosh, WI 54901 Tel: 920 - 236 -5720 Fax: 920 - 236 -5087 sgreuel @ci.oshkosh.wi.us www.oshkoshpd.com PROFESSIONALISM • PRIDE • INTEGRITY • TEAMWORK Scott D. Greuel Chief of Police City of Oshkosh Police Department Honorable Mayor and Members of the Common Council Scott D. Greuel Chief of Police October 20, 2010 New Ordinance 17 -1.2, Synthetic Cannabinoids Prohibited BACKGROUND The proposed ordinance would prohibit the possession, use and sale of Synthetic cannabinoids in the City of Oshkosh. We have seen an escalation in the use of this material which has raised the concerns of law enforcement, health and emergency medical services personnel. Synthetic cannabinoids are an herbal material that has been sprayed with a synthetic compound which mimics the effects of THC or marijuana on the human body. The effects include complaints of rapid heart rate, general feeling of sickness, dry mouth, burning of eyes, thought disruption, anxiety, hallucinations, short term memory loss, paranoia, vomiting, seizures, impaired sense of time and severe agitation. The material is best known by the brand names of K2, Spice, Genie, Mr. Smiley, Zohai or simply "legal weed." K2 is being marketed and sold as scented or flavored incense or potpourri, but purchasers are smoking the material to get high despite the fact that many of the products contain a warning label indicating that it is not intended for human consumption. Retailers continue to knowingly sell the product because of the profitability with the awareness that buyers are smoking it to get high. The synthetic compounds in K2 were originally developed by a Clemson University Organic Chemistry research professor while making a drug to target endocannabinoid receptors in the body and to mimic the effects of THC for research purposes. During the process, a synthetic chemical that imitates the active ingredient in marijuana was created. The researcher warned against taking these chemicals or drugs recreationally, noting "It's like playing Russian roulette. You don't know what it's going to do to you. " This synthetic compound has been reproduced in China and Korea where it is sprayed onto herbs and spices and either smoked or burned and inhaled. It spread throughout Europe and started to first appear in the United States sometime around 2006. It has been The Mission of the Oshkosh Police Department is to promote public safety and to enhance the quality of life in our community through innovative policing and community partnerships marketed and recognized by people in this country as an incense material that is sprayed with a synthetic compound that produces a marijuana type high when smoked. We believe that it first started to be available in at least one retail store in Oshkosh in early summer of 2010. People are calling this product legal marijuana. Although K2 is not currently controlled by Federal law, the Drug Enforcement Administration (DEA) is considering legislation. A number of States have already regulated K2 and it is likely to be introduced as a bill to become law in Wisconsin in January or February of 2011 when the legislature reconvenes. Wisconsin Attorney General J. B. Van Hollen has asked legislators to take action. Many municipalities, including Eau Claire, Superior, LaCrosse, Milwaukee, Waukesha, Neenah, and Wrightstown have either already passed an ordinance prohibiting K2, or in the process of doing so. ANALYSIS We know that K2 is being sold in Oshkosh and smoked by people of all ages, particularly by students at the University and in our High Schools. While these substances are being marketed and sold as benign and legal alternatives to marijuana, they are potentially dangerous to users as the substance can create a high that has a potency equal to or greater than that of marijuana. Poison Centers nationwide have reported over 350 cases of people sickened by the substance. Use of K2 can produce severe adverse health conditions based on reported emergency room experiences in this country, state and in Oshkosh and the surrounding area. Burglaries, thefts and other crimes are being committed by perpetrators in order to obtain these products through unlawful means. In the city of Oshkosh, and in our region, some people have experienced severe adverse reactions from smoking K2 requiring transportation and medical treatment in hospital emergency rooms. Just last weekend, a 25 year old female who was seizing and having difficulty breathing was transported from a south side Oshkosh residence to the emergency room of a local hospital for treatment. The female admitted to purchasing K2 from a local retail store and smoking it prior to the medical emergency. At least one retail store in Oshkosh is actively and openly selling the product and an employee confirms that it is "flying off the shelves." The employee told an Oshkosh police officer they had already sold 49 packages of K2 that day, and they indicated they sell about 35 packages a day at a cost of $25 to $80 per package. The employee indicated that K2 Summit and Blueberry Yum -Yum were their most popular brands because of the potency of the high. The employee told the police officer that people are telling them they are buying the product to get "high" and that it does mimic the effects of marijuana. The employee indicated that college students are buying it most often and it's the craze on campus because it is legal. Furthermore, an Oshkosh Northwestern article on K2 printed on October 11, 2010 cited concerns from law enforcement, school counselors and medical personnel of the use of the product. The Oshkosh Police Department has received information that high school students are buying K2 and then re- selling smaller packages of the product to other students. UW- Oshkosh Police Department officers indicate they are coming across students smoking K2 fairly regularly. Quoting UWO -PD Chief LeMire, "we are discovering that students are using marijuana and then telling law enforcement that they had just been using K2. Upon search though, we actually find the marijuana. K2 is a convenient excuse if you appear to be under the effects of marijuana." UWO -PD officials also indicate that they are having contact with students in possession of and using K2 and openly admit to purchasing the product from a local retail store. In Oshkosh, we are experiencing the rapidly growing emergence of the abuse of K2 resulting in health and public safety concerns from law enforcement, health and emergency medical services personnel. I believe that K2 has the potential of being a gateway to a new group of drug abusers because the means to experience the "marijuana - like high" can be obtained legally. We know that drug abusers often use a smorgasbord of drugs to continue to experience the desired "high" they start to want and need. At least one Oshkosh Retailer that I spoke with indicated he will not voluntarily pull K2 from the shelves until it is legislated locally. FISCAL IMPACT None RECOMMENDATION I recommend approval of the proposed ordinance 17 -1.2 which prohibits the possession, use and sale of synthetic cannabinoids in the City of Oshkosh for the reasons stated in this memo. Respectfully Submitted, E te - � At64 Scott D. Greuel Chief of Police Mark A. Rohloff City Manager