2012-28007 Reso RESOLUTION NO. 2012-28007
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING AND
ENCOURAGING THE FLORIDA LEGISLATURE TO ENACT
FURTHER LEGISLATION BANNING THE MARKETING,
POSSESSION, SALE, OR MANUFACTURE OF "BATH SALTS"
CONTAINING DANGEROUS SYNTHETHIC DRUGS OR
CHEMICALS, AND URGING AND ENCOURAGING THE
UNITED STATES DRUG ENFORCEMENT ADMINISTRATION
(DEA) TO MAKE ITS ONE YEAR BAN ON THREE SYNTHETIC
DRUGS USED TO MAKE BATH SALTS A PERMANENT BAN.
WHEREAS, certain synthetic drugs marketed as "bath salts" are powerful stimulant
drugs that are suspected to have been designed to avoid prosecution under existing State and
Federal controlled substance laws; and
WHEREAS, "Ivory Wave," "Purple Wave," "Vanilla Sky," and "Bliss" are among the many
street names of these so-called designer drugs; and
WHEREAS, by marketing these designer drugs as "bath salts" and labeling them "not for
human consumption," those who market, sell, and possess these dangerous drugs have been
able to avoid prosecution; and
WHEREAS, with recent developments involving individuals' use of "bath salts"
containing dangerous synthetic drugs, stricter measures must be taken to stop the growing
prevalence of these designer drugs; and
WHEREAS, the Florida Legislature enacted laws in 2011 and 2012 expanding the list of
controlled substances from which bath salts can be manufactured; however, drug designers and
chemists can re-configure the molecular structure of the compounds and chemicals made illegal
during the 2011 and 2012 Florida Legislative Sessions creating new and different chemical
compounds of similar chemical structure and effect, but not listed in the controlled substance
prohibitions in the Florida Statutes; and
WHEREAS, these new synthetic drug compounds will carry the same, or perhaps even
heightened, dangers associated with illegal drugs, and additional State legislation banning the
marketing, possession, sale or possession of bath salts containing dangerous synthetic drugs
will give law enforcement additional tools to keep our streets safe from new and emerging
dangerous drugs that ruin lives and cause havoc in communities across our nation; and
WHEREAS, in its Final Order effective October 21, 2011, the United States Drug
Enforcement Administration (DEA) made the possession or sale of three synthetic drugs illegal
under the Federal Controlled Substances Act for one year "to avoid an imminent hazard to the
public safety"; and
WHEREAS, the Mayor and City Commission of the City Miami Beach urge the DEA to
make the ban set forth in its one year Final Order permanent in order to protect our
communities.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Florida Legislature is
hereby urged and encouraged to enact further State legislation that bans the marketing,
possession, sale or manufacture of bath salts containing dangerous synthetic drugs, and the
DEA is hereby urged and encouraged to make permanent its one year ban on synthetic
cathinoids pursuant to its Final Order of October 21, 2011. Moreover, the City Clerk is hereby
directed and authorized to send a copy of this Resolution to Governor Rick Scott and all State
Representatives and State Senators; the Executive Director of the Miami-Dade County League
of Cities; Michelle M. Leonhart, DEA Administrator; and to United States Attorney General Eric
Holder, Jr.
PASSED AND ADOPTED this day of September, 2012.
ATTEST:
Matti errera Bower
Mayor
Rafael Granado
City Clerk
APPROVED AS TO
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.. &FO CUTION
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IN CORP ORATED: Cl TORNEY PATY
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FAATTO\TURN\RESOS\bath salts.docx
MIAMI E CH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Ms. Kathie Brooks, Interim City Manager
Mr. Rafael Granado, City Clerk
FROM: Commissioner Deede Weithorn
DATE: September 4, 2012
SUBJECT: Discussion Item for the September City Commission Agenda:
Regulation of new substances not controlled by State or Federal law.
On August 2, 2012 Commissioner Deede Weithorn submitted a referral to the September City
Commission agenda proposing a municipal prohibition on the sale and possession of uncontrolled
substances commonly known as "bath salts" and "synthetic marijuana." Research conducted by City
Attorney Jose Smith and First Assistant City Attorney Deborah J.Turner concluded that two new Miami-
Dade County Ordinances are now in effect in the incorporated and unincorporated areas of Miami-Dade
County that already address the issue of concern.
County Ordinance No. 12-44 creating section 21-22 of the County Code: prohibiting the sale,offer for
sale, purchase with intent to sell, or public display for sale of synthetic cannabinoid herbal incense.
County Ordinance No. 12-45 creating section 21-22.1 of the County Code:prohibiting the sale,offer for
sale, purchase with intent to sell, or public display for sale of synthetic stimulant bath salts.
These two new County Ordinances were passed and adopted on July 3, 2012 (Effective July 13, 2012)
and regard prohibitions on synthetic marijuana and bath salts that mimic the illegal drugs listed in the
Schedule 1 controlled substances in the Florida Statutes. The new County laws address those substances
that have not yet been addressed in state or federal regulations and should state or federal regulations
be adopted that address the substances covered in the new County provisions,the County provisions
will no longer be deemed effective.
However,as per the attached resolution,it is Commissioner Weithorn's hope that this Commission will
join in urging the Florida Legislature to adopt further regulations to address synthetic drug chemicals
used to make bath salts and urge the DEA to make the one year ban on the sale and possession of
certain bath salt chemicals a permanent ban.
Thank you,
Alex 1. ernand z,
Commissioner Deede Weithorn's Office
We are committed to providing excellent Public service and sefet,,io oil who live,work,and Play in our vi
Agenda Item �P�G--
Date