2011-004 ORD AMENDING CHAPTER 21 BY ADDING A NEW ARTICLE VII, ILLEGAL SMOKING PRODUCTS PROHIBITING USE PURCHASE, POSSESSION, AND SALE

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ORDINANCE NO. 2011-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 21 BY ADDING A NEW ARTICLE VII, ILLEGAL SMOKING PRODUCTS, TO PROHIBIT THE USE, PURCHASE, POSSESSION, AND SALE OF THE SYNTHETIC CANNABINOID KNOWN OR SOLD UNDER SUCH 1VAMES AS "K-2," "K-2 SUMMET;' "K-2 SEX," "GENIE," "DASCENTS;" 170HAI,)l 'dSAGE,- d'SPICE," -KO KNOCK-OUT 2;' "SPICE GOLD;' "SPICE DIAMOND," "Y[TCATAIV FIRE," "SOLAR FLARE," "PEP SPICE," "FIRE N' ICE," AND "SALVIA DIVINORUM" FOR PUBLIC HEALTH AND SAFETY PURPOSES; PROVIDING A REPEALER CLAUSE; A SAVINGS CLAUSE; A SEVERABILITY CLAUSE; A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris has been informed by the Paris Police Department that the use, possession and sale of synthetic cannabinoids (sold under various names, such as "K2," "K-2 Summet," "K-2 Sex," "Genie," "Dascents," "ZOHAI," "Spice," and "Salvia Divinorum") has increased dramatically in the Paris community during the last three months and is now posing a significant health concern to the citizens of Paris and the community at large; and WHEREAS, the Paris Police Department has also determined that certain businesses within the Ciry of Paris may be selling certain synthetic cannabinoids that when smoked or ingested produce intoxicating effects similar to THC or marijuana; and, WHEREAS, the substances described above may be marketed as incense but are commonly being used as an alternative to marijuana which is an identified and documented controlled substance, the sale and use of which is prohibited under the laws of the State of Texas and the United States; and, WHEREAS, these unregulated synthetic cannabinoids, and salvia divinorum produce a very potent, intoxicating effect which is estimated by the national medical community to produce effects ranging from three to one hundred (3:100) times greater and more potent than THC, the active ingredient in marijuana; and, WHEREAS, the substances identified above manifest all of the demonstrated attributes of substances that deprive individuals of judgment, coordination and the ability to conduct themselves in a safe and appropriate manner in modern society; and, WHEREAS, the available medical and law enforcement information on these products indicates that individuals under the effects of these substances may be a clear and present danger to themselves and others; further the long term effects of these substances are not yet known; and, WHEREAS, the substances described above are not yet categorized as illegal controlled substances under state or federal law; and, WHEREAS, it is anticipated that the Texas Legislature will consider adding these substances to the list of controlled substances in its upcoming legislative session but that it is