HomeMy WebLinkAboutR13-289WHEREAS, the City Council of the City of Plainview desires to protect their
citizens from herbal and /or chemical mixtures that are being marketed and sold in the
City of Plainview which are designed and marketed to mimic the effects of illegal drugs;
and
WHEREAS, municipal ordinances are ineffective to control this problem because
the retailers merely relocate just beyond the city limits, while still being readily available
to customers in their municipality, but thereby become a problem for county and state
governments; thus, statewide or even nationwide legislation is the only effective remedy
for this problem; and
WHEREAS, these products are marked "not for human consumption" or they are
labeled as a seemingly harmless product, such as plant food, incense, potpourri, bath
salts, iPod cleaner, etc. However, these products are in fact being designed, marketed
to the buyer, and intended to be used by the consumer as a product that will act upon
and affect the human body to get the user "high" or achieve the same or similar effect
as that caused by narcotics, marijuana, synthetic marijuana, or other illegal substances;
and
WHEREAS, both State and Federal legislative bodies and regulatory agencies
have acted to outlaw synthetic chemical compounds that are a cannabinoid receptor
agonist, imitating the effects of or having the pharmacologicar effect of cannabinoids,
yet chemists have reconfigured the particular synthetic stimulants made illegal, and
market the new products that are not currently within any definition of illegal substance;
and
WHEREAS, product manufacturers are unknown to the consumer, because the
packaging fails to reveal the name and location of the manufacturer or distributor as
required by federal laws pertaining to the labeling of consumer commodities. Moreover,
manufacturers and distributors have not obtained FDA approval of these products as a
food product, drug, dietary supplement, enhancement product, or other approved
substance for human consumption; and
RES. R13 -289
RESOLUTION R13 -289
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS, CALLING UPON THE UNITED STATES CONGRESS AND THE
TEXAS LEGISLATURE TO ENACT THE FOLLOWING TO PROTECT
THE CITIZENS RESIDING WITHIN THEIR BOUNDARIES: (1)
CRIMINAL SANCTIONS FOR THE MANUFACTURE, SALE, DELIVERY
AND POSSESSION OF SYNTHETIC MARIJUANA AND OTHER
SUBSTANCES MARKETED TO IMITATE THE EFFECTS OF ILLEGAL
SUBSTANCES AND PROHIBITING THE MISBRANDING OR FALSE
LABELING OF SAID SUBSTANCES; AND (2) CIVIL LIABILITY FOR
SELLERS, RETAILERS, DISTRIBUTORS, AND MANUFACTURERS OF
SUCH SUBSTANCES THAT CAUSE HARM OR DEATH TO A
CONSUMER; AND PROVIDING FOR AN EFFECTIVE DATE FOR SUCH
RESOLUTION.
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WHEREAS, consumers suffering a reaction to injury or death by these products
have a small chance of obtaining information concerning either the contents of the
product to aid the physician, or the identity and locations of manufacturers to acquire
needed information, and such anonymity frustrates civil law recourse by injured
consumers; and
WHEREAS, the City Council of the City of Plainview, Texas finds it in the best
interest of the citizens of Plainview to call upon the United States Congress and the
Texas Legislature to enact laws and regulations to protect the citizens residing within
their boundaries.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW THAT:
The City of Plainview City Council respectfully calls upon the Congress of the
United States and the Texas Legislature to enact statutes and regulations that protect
the public health, safety, and welfare from the threat posed by synthetic marijuana and
other drug - related substances, and the misbranding of products that are intended by
manufacturers, distributors, and sellers that such products may imitate the effects of
marijuana or other narcotics when consumed, by both criminal and civil means:
A. CRIMINAL OFFENSE —Make it an offense to do the following:
1. Knowingly sale, deliver, exchange, give, or possess synthetic drugs of all
types or other substances that are manufactured, distributed, marketed, or
packaged with the intent or purpose that the consumer of such may
experience an effect that is same or similar to that produced by the use of
narcotics or marijuana; or
RES. R13 -289
2. Misbrand or use false or misleading labeling or packaging on an otherwise
lawful substance or product so as to represent, imply, or promise that
consuming such product may produce an effect that is same or similar to
that produced by the use of narcotics or marijuana, or synthetic marijuana
or other unlawful substance. Consuming shall mean to eat, drink, smoke,
inhale, inject, and any other means by which a substance may be placed
into or on the human body.
B. CIVIL LIABILITY — Create a civil cause of action against manufacturers,
distributors, and retailers who by act or omission manufacture, mix,
compound, label, package, distribute, warehouse, sale, gift, or convey any of
the substances described in Section I.A. above, where such substance is a
cause of injury or death to a consumer, whereupon such consumer or
survivors shall be authorized to bring a civil suit for and recover damages of
every kind including punitive damages, attorney fees, costs of suit, and
injunctive relief against said manufacturer, distributor, or seller, jointly and
severally.
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C. PRESUMPTION —In either a criminal prosecution or civil suit, provide that, in
the absence of legible, truthful, and accurate labeling or packaging text, in
English, stating: (1) the contents and ingredients of the product; or (2) name
and address of the manufacturer and distributor, then there arises a
rebuttable presumption that the manufacturer, distributor, retail dealer or other
seller knew that the substance was to be consumed by a human and that
physical illness, injury, or death was reasonably foreseeable.
The public purpose of this Resolution is to protect and safeguard the citizens of
Plainview from harmful and potentially deadly substances being consumed and provide
information necessary to provide legal remedies, including criminal penalties and civil
lawsuits.
ATTEST:
This Resolution shall be effective on and after its adoption.
PASSED AND APPROVED THIS 25 day of June, 2013.
Belinda Hinojosa, y Secretary
APPROVED AS TO CONTENT:
1 L-a
William Mull, Chi of Police
APPROVED AS TO FORM:
RES. R13 -289
Les! Spear Pearc , City Attorney
Wendell Dunlap, Mayor
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