Royal Oak Passes Emergency Ordinance Banning K2/Spice
Commissioners want synthetic marijuana off the shelves in the city's gas stations and convenience stores immediately.
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Pdfs
Royal Oak city commissioners unanimously approved an emergency ordinance Monday night prohibiting businesses in the city from selling synthetic drugs such as K2 and Spice.
The ordinance will become effective upon publication, either Wednesday or Thursday of this week, according to City Attorney Dave Gillam.
Following the lead of Macomb County, which implemented an emergency order to ban the sale of synthetic marijuana earlier Monday, Commissioner David Poulton called on his fellow commissioners to act immediately to prohibit the possession and use of, and trafficking in, synthetic drugs in Royal Oak.
"We’ve seen high profile crimes," Poulton said. "We’ve seen terrible incidences involving our youth because of a product that is sold at gas stations and many other places in Royal Oak and in other cities."
Police Chief Corrigan O'Donohue told commissioners products such as K2 and Spice are marketed to appeal to teens.
"They use very colorful packaging," O'Donohue said. "There’s no doubt that it is something that young people gravitate to as something they believe is a legal alternative to marijuana."
O'Donohue explained House Bill 5709, introduced Wednesday, would require the Michigan Department of Community Health in cooperation with the State Police, to analyze the content of the herbal mixtures and create a written report of its findings. On the federal level, O'Donohue said, President Barack Obama is expected sign a bill to outlaw synthetic drugs July 4.
Poulton told commissioners "we need a bridge" until laws are passed on state and federal levels.
“I have heard there are some retailers who have said they are not going to stop selling it until it’s illegal. Well, based upon that it’s prompted me to say, 'You know what? Now is the time to take steps,'" Poulton said. "I’m not going to wait for the state to make a decision."
The Optimist Club, the Crime Prevention Council and the Royal Oak Community Coalition support the measure to ban synthetic marijuana, according to Commissioner Peggy Goodwin.
"The National Institute of Drug Abuse reports one in nine high school seniors have tried it," Goodwin said. "So I think it’s urgent."
There is some concern the ordinance will be legally challenged.
"From my perspective, they can legally challenge us all day long," Mayor Jim Ellison said. "If this ordinance helps one kid from not getting in trouble, I'm on board with it."
Under the ordinance passed Monday night, businesses that sell any synthetic drug could face a misdemeanor charge punishable by a fine of not more than $500 and/or imprisonment for not more than 90 days.
What is K2/Spice?
K2 or Spice is a dried herbal blend that is sprayed with an analgesic chemical JWH-028 or JWH-073, which creates a high often classified as similar to marijuana. However, the risks can cause erratic or psychotic behavior or death.
Learn more about synthetic marijuana from the Royal Oak Community Coalition.
Thomas Gagne
7:25 am on Tuesday, June 5, 2012
I'm anxious to read the text of the ordinance. K2/Spice isn't sold as something to smoke. Isn't it sold as incense and/or potpourri? I wonder how the ordinance was worded to be specific enough to outlaw one K2 and other similar products without outlawing the innocent products.
I also wonder if we just witnessed the creation of a black market with knee-jerk legislation. Spice in all its varieties is still available online.
drs
8:24 am on Tuesday, June 5, 2012
So, I'd rather have some knee-jerk legislation than nothing. Even if is still available online the kids have to find it.....
Nathan Schoenfeld
11:01 am on Tuesday, June 5, 2012
I would not call this knee-jerk legislation but much needed!
There are many substances out there that are used in ways that are not intended. Black markets exist for all kinds of things from drugs, weapons and everyday household goods. Many of them have consequences when misused and abused, but the current problem with K2/Spice is that people are misusing it and innocent people are dying because of it. People need to be held accountable and not make it so easy to obtain to make a quick buck off of someone's family member. What if your family was impacted by this? As you have mentioned previously you have school age children and statistically the odds are that at sometime children will try something. The issue is people take it on as not my problem until the are affected by it. Glad for the new law and those that are coming soon! Hopefully this will be the start of a change for the better.
Ronald Wolf
2:12 pm on Tuesday, June 5, 2012
Sadly, I agree with you Thomas. Once it is out of the stores it will be on the black market, perhaps mixed with marijuana similar to the way heroin, or coke is stepped on with rat poison.
That will be the next challenge. The days of kids buying loose oregano doobies are long gone.
Mors
6:16 pm on Tuesday, June 5, 2012
So, I'd rather have nothing than some knee-jerk legislation. costs a lot less. if some one tells you "there aught to be a law!" they are wrong, period. and possibly a dangerous lunatic, and should be treated as such.
Judy Davids
7:42 am on Tuesday, June 5, 2012
Tom the text of the ordinance is attached as a PDF.
Thomas Gagne
5:23 pm on Tuesday, June 5, 2012
Now having read the ordinance, I'm anxious to learn when anyone may appeal their penalties under the ordinance.
The product is incense, and when used as directed is harmless. It's the way consumers are using the product that is harmful. K2 is similar to cough syrup in that respect -- or Reddi Whip.
While I applaud the willingness of elected representatives to act, and I suppose that is what their constituents would demand of them, it seems they've merely done something to shut the voters up and are leaving it to the courts to sort out.
citizen
8:46 am on Tuesday, June 5, 2012
Kudos! The government can't do much to control peoples use of these substances but they did what they could, limiting where kids can get it. Kudos.
Nancy Barnett
9:26 am on Tuesday, June 5, 2012
What these kids need to do is toughen up,and buckle down. Start listening to thier parents and teachers.When I was in the 7th grade at Mary Lyon Junior High,here in Royal Oak..this was back in 1974-1975 school year,I had a health teacher,Mrs Ann Dooling,and I specifically recall my teacher talking about the ramifications of substance abuse,as well as ciggarette smoking.This class was part of the school district's cirriculum,and we learned all about the different types of illicit substances,and how to identify them,what the side effects are,and to never touch them or use them.As a 12 year old along with my other peers we were warned about what can and will happen if one is to ingage in such bad behavior.No one is twisting the arms of these kids today to use drugs and other nasty substances,they know deep down inside it's wrong,they just don't care.Some kids don't think that far ahead,like where will i be at 50 years old if I keep doing bad things to my body. As an FYI to all kids out there,evrything that you do will effect you later,somehow someway. Repent now,before it's too late!!!!!!!!!
Elyse H
9:57 am on Tuesday, June 5, 2012
Yes, because no one from your graduating class EVER did ANY drugs what so ever.
Kids these days still have substance abuse curriculum built into their health education, just like they did "back in your day". Part of adolescence has always been to push boundaries, and it isn't something that is new. Yes, there are consequences to every action a person makes, but that is a life lesson that no one can properly teach these kids like experience can.
I'm not advocating doing drugs, and I think it's an excellent idea that Royal Oak has stepped up with this ordinance. But, I don't think your comment has much value in the text of this discussion.
Cpt Dano
2:15 pm on Tuesday, June 5, 2012
Hey Elsie (misspelled on purpose) Stop having a cow! She is sharing her life experience and it is quite relevant to this discussion. Perhaps you have not learned
to benefit from life lessons yourself. Kids are kids, then and now. Some do listen, perhaps you should have learned that too.
Nancy Barnett
9:29 am on Tuesday, June 5, 2012
I do apologize for any bad grammer,mispunctuations,and misspelled words,as I 'am not perfect nor is the rest of us.!!
Cpt Dano
2:10 pm on Tuesday, June 5, 2012
She was too harsh on you, I think your comments were on point. Another know it all 30 something.
Laura Harrison
10:24 am on Tuesday, June 5, 2012
thank you Royal Oak government for stepping up to the plate. I don't live under a rock and I know it won't stop this garbage from being sold, but if it saves one family from being destroyed, so be it.
And after watching the reaction of some of the store owners on tv, they know it isn't being used the way the packaging labels advertise.
Ronald Wolf
2:00 pm on Tuesday, June 5, 2012
Its the cost of analyzing that bother's me. While there are untested rape kits I cannot see this stuff being tested at taxpayer's expense. There are also herbs such as one sold at Noir that have not been researched. If a product sold tests positive ignorance of the seller is no excuse. There must be a provision that the cost of the test (if positive) be added on to the fine and I assume that each test could cost easily over a thousand dollars.
What WILL stop it in its tracks will be attorney commercials offering to go after damages for anyone whose child had to be hospitalized and that would include the wholesale distributor. What small business will take that chance?
This is one more reason for marijuana to be legalized and regulated by doctors in clinics in conjunction with pharmacies in the same way methedone is dispensed. In the recreational or designer drug industry there will always be a new "counterfit" that potentially can be more dangerous than the real thing. K2 is far more dangerous as its effects on the brain have been found to be identical to meth, or PCP which can cause psychosis that leads to violence, including the murder of innocent people.
Some idiot will refute all of this claiming it is exagerated and sadly some other young idiot in training will believe him. That is the problem.
Nancy Barnett
8:50 pm on Tuesday, June 5, 2012
Elyse FyI,YES There were a lot from my graduating class that used a lot of bad drugs.I saw a lot of lives ruined because of it.As for you that choice is yours to use or not to use. Please remember, that [Understanding is a fountain of life to those who want to have it,but folly brings punishment to fools]!!!!!!