Title
Consider/Discuss/Act on Amending Chapter 70, Article VII, “Smoking,” of the Code of Ordinances
Summary
MEETING DATE: July 20, 2010
DEPARTMENT: Police
CONTACT: Doug Kowalski, Chief of Police
RECOMMENDED CITY COUNCIL ACTION:
• Approve Ordinance
ITEM SUMMARY:
• Amendments to the Ordinance, Division III, Other Prohibited Substances, define:
o The sale, delivery, offer or gift of restricted substances, as identified in the amended ordinance.
o The use or possession of restricted smoking material and restricted smoking paraphernalia, as identified in the amended ordinance.
• Any person who violates any provision of Division III of the amended Ordinance shall be guilty of a misdemeanor infraction, punishable by a fine not to exceed $500.00
• Every act in violation of Division III of the Ordinance shall constitute a separate offense.
• It shall be a defense to prosecution for a violation of the ordinance if the use of the restricted smoking material is at the direction or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the State of Texas.
• It shall be a defense to prosecution for a violation if an individual charged with a violation can provide proper and complete historic documentation that the use of restricted materials is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or spiritual leader recognized by the State of Texas.
BACKGROUND INFORMATION:
• Substances in the form of retail products are being sold and/or distributed that have the same, if not greater, psychological effects of a controlled substance, such as marijuana.
• The restricted substances include a mixture of dried vegetation that are covered or mixed with certain specific chemicals and described as synthetic cannabinoids or salvia divinorum.
• The substances may be sold under several names, including “K-2”, “K-2 Summit”, “Genie”, “Sage”, etc., and marketed as incense.
• These 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.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• N/A