Title
Consider/Discuss/Act on Resolution Supporting Legislation Adding Certain Substances to the List of Controlled and Regulated Substances under the Texas Health and Safety Code
Summary
MEETING DATE: July 20, 2010
DEPARTMENT: Legal - Police
CONTACT: Mark Houser, City Attorney and Chief Doug Kowalski
RECOMMENDED CITY COUNCIL ACTION:
• Adopt Resolution
ITEM SUMMARY:
• There is documentation from competent, well recognized medical professionals and law enforcement officials of the growing presence of a new and potentially dangerous substance affecting the public health, safety and welfare of the citizens.
• These substances are presented in the form of retail products sold or distributed as a mixture of dried vegetation that when covered or mixed with certain specific chemicals, produces the physiological and psychological effects of a controlled substance such as marijuana.
• These substances are competently reported to cause hallucinations, vomiting, agitation, panic attacks, tachycardia, elevated blood pressure, pallor, numbness and tingling, disorientation, loss of time awareness and, in some cases, tremors and seizures as documented by the National Drug intelligence Center of the United States Department of Justice in EWS Report 000006 issued May 18, 2010.
• The substances have not yet been designated as controlled substances under the laws of the State of Texas or under the laws of the United States.
• The City of McKinney, Texas, police department has become aware of an increase in usage of these substances which are typically marketed as incense, but many users are smoking.
• The substances fall within two classifications: synthetic cannabinoids and salvia divinorum. Synthetic cannabinoids may be presented under a variety of street names but share common ingredients, including JWH-01 8 and JWH-073. Salvia divinorum contains the ingredient known as Salvinorin A
• Several states have adopted legislation to add these substances to their state’s list of controlled and regulated substances.
• The City desires to support the adoption of a bill, similar to the attachment, adding these substances into the Texas Health and Safety Code as regulated and controlled substances.
SPECIAL CONSIDERATIONS:
• The attached bill is sponsored by Sen. Florence Shapiro.